








,0^ 



o • • 






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.-»•■' 4i 



o V.%* • 



















,^ 



"m 



THE 

CONSTITUTION 

OF THE 

UNITED STATES OF AMERICA, 

"WITH AN ALPHABETICAL ANALYSIS; 

THE DECLARATION OF INDEPENDENCE; 

THE ARTICLES OF CONFEDEE ATION ; 

THE PROSnXEXT POLITICAL ACTS OP 

GEORGE WASHINGTON; 

ELECTORAL VOTES FOR ALL THE 

PRESIDENTS AND VICE-PRESIDENTS; 

THE HIGH AUTHORITIES AND CIVIL OFEICERS OF GOVERNMEKT. 

FROM MARCH 4, 178 9, TO MARCH 3, 1847; 

Cljrciioiogiral ^arratbe of tl)e Bcvcval Blaks; 

JW M AND OTHER INTERESTING MATTER; 

Nv/ L "WITH A DESCRIPTITE ACC0TJ:ST OV THE 

/ >U^ STATE PAPERS, PUBLIC DOCUMENTS, 

AXD OTHER SOURCES OF 

POLITICAL AND STATISTICAL INFORMATION 

AT THE SEAT OF GOVERNMENT. 



W. HICKEY. 



SIXTH EDITION. 

PHILADELPHIA 
1853. 



■ ^.2. 



Entered according to act of Congress, in the year 1853, by 

W. HICKEY, 

In the Clerk's Office of the Mstrict Court of the United States for the Eastern District of 

Pennsylvania. 



STEREOTYPED BY L. JOHNSON & CO. 

PHILADELPHIA. 

PRINTED BY T. K. & F. O. COLLINS. 



TO 



THE PEOPLE, 

THE CONGRESS, 
THE PRESIDENT, 



AND THE 



iiiprme Court of \\t ^m\tl Itotes, 



THIS SIXTH EDITION OF THE CONSTITUTION 



IS DEDICATED ET 



W. HICKEY. 



"The Constitution m its words is plain and intelligible, and it is meant for the 
homebred, unsophisticated understandings of our fellow-citizens." 

"The people alone are the absolute owners and uncontrollable movers of such 
sovereignty as human beings can claim to exercise ; subject to the eternal and 
unchangeable rules of justice, of truth, and of good Faith. The moral law is out 
of its reach; sovereignty cannot violate that, and be more justified than the 
humblest individual." 

"Yield away the Constitution and the Union, and where are we? Frittered 
into fragments, and not able to claim one portion of the past as peculiarly our 
own! Our Union is not merely a blessing; it is a political necessity. We can- 
not exist without it. I mean, that all of existence which is worth having must 
depart w^ith it. Our liberties could not endure the incessant conflicts of civil and 
oonierminous strife; our independence would be an unreal mockery, our very 
memories would turn to bitterness." 

(Mr. Dallas in de/eiice of the Constitution.) 

iii 



The provision under which this book, mat be transmitted by mail 
FREE OF POSTAGE, by persons having the privilege of franking pub- 
lic documents, is contained in "»^?i ad to establish ceHain post-routes^ 
and for other purposes,^'' approved 3d March, 1847, in the following 

words : — 

*'Such publications or books as have been or may be pub- 
lished, procured, or purchased by order of either House 
of Congress, or a joint resolution of the two Houses, shall 
be considered as public documents, and entitled to be 
franked as such." 



lx6S0iVBCl^ O ti/O/fc bti/O ft-eol eta/Ui/ \>e^ o-b^/ec-beo to Iv'co-c-ii/ie Lo^ 
tli/e lulve op bti/e U ettc^te ttu-o tli/OM/jKi+vo c-o-lvi/Cb oL t[v& O/ii/bfleii/bi/O oo-liu/ 
oL btve AOon/jvbiiu/bi/0-iVj iivi/bti/ CHI/ O/ivctta-bLciat iiva-cxj ct/au oo-^^[vl/ba/b^o•ny 
ot obli/eb [vn/b-ti/O dooM/iix^ivbij ^eoenbup Iv't/Wi/beo O/H/O lilctceo uv bli/e 
tva/ivo-5 frp btve Ki^cntl>ei5j jv^o-i>i'0-eo bti/e jv^ioe wvci/tl tvob ecco&eo bke- 
iii/iiT/ op one o-oLl/O/'o CMvo bii>c-ittLj'.pi/i>e ceii/b^ Heb cojit|'. 

JxCSOLVBd^ «J lixj^b beiv bn/Onft^O/ivo a/o-Ji/bi/Oitct/L/ oojvi/eb op bite O/W/- 
bli/CMi/bi/O Goliip op blve HDol^!>-bl/bll/b^ol^J lo-t/bti/ ctii/ a/ii/a^tipbLca'b ui/d-eco, ebo., 
l>& [vt-o-OLi/ieo po^ bti/& U/ie op bli/O L/eii/O-bc, li/l/Ootdeo btveip u>i/tiy U-e 
pii/'oii/LMi/eo O/b Oy o-e-o-ti/cbt/Oiv op bio-eitbip li/e^ oent. oil blve li/iioe cvt>oi>G 
atctbeo. 

jtiBSOiVBCij eJ ttci/b bti/e a-ee^ebct'^ ii/ op bk/& O etvo-be Ivit/i/cfi/C^&C/ pot- 
b+ve a!)^^ op btvo Ocii/a/b& bto-o bti/O-aJva/ivo ooKi/e& op live, vooiviybtbubi/Oii/ op 
bli/e ^llbiH/beo obo'bei ot Q/vDnrel/tca', iivi-bk O/iv O/tlvli/ab-ebi/cal ci/aci/tiiJ>i&, 
[vleltoAeo O/H/O jui/U-ti^ti/ea b-ii/ '^Uc/. tTVP i/ckeip, [vtou-td-eo bli/C/ iKa/iiie 
co/iv b-e- liHyictva/6-eo cub cu jvti/ce Ite^ oolup ito-b exoeeaLivcp bu/ci/b Ivo-lo 
po\/ beiv bh/Oii4)Cnvo ooki/ej> o^de^ed bo b-e [vii/iotba;>-eu b-ip o/ ie^-oln/bi/Oi^ 
op bli/& Oeivo/bej O/O-olvbed oiv live, 'TobL aci/ip op cJ^cb-iiLO/tii', 'ioJf^. 

JtieSOiVBdj cJ fvo/b bliy& j^eo^efco/lu/ op bli/e o eivci/be l>e anyblT^oY.t/<:;eo 
CMvo o-iieob/eo bo liii/Votva^e. on/e [vaito-^eu eohtei ot cTfeickeLi- & edubi/orb 
op bti/C/ HijoaAti/bitbi/Oii/ op bli/e- ^lAbn/i-beo tj babes, aivo bo dotm-e-t bli/e 



vi RESOLUTIONS. 



ixx/iiie, uv 



llvo H/ame o-L tHe fJeyv(ht& ot t\v& ^Wmilea Obctbeij bo 
vJM'Idv. Q/Atbexo/tv^cb ^Ua'bbe^^c^ie, o-t yjo/ii/b, bo t>e d-i/ibiib-U/beo b-U/ 

liesolvedj U to/O/b btve ^eo^eba/lu/ Ij-c ai/'i/Ccbeo to Ku/ivt/tJvti/ eaou/ 
m/6ntl>e^ o-p bti/e [v'ces-en/b c7 en/O/be, uv't/O H/a/t> H/O-b ab'teo/dit' ^eoem-e-o blvei-n/, 
o-tt/e co-liu/ &t bLo HL)o^^&-b^bu/b^c^^v cttvo obbe^ l>oo-K/i o-'co-eVeo bo o-e Ui-'i/- 
aiivLeo bo bti/C' O ewaJbo-'vi} mii bli/& teij-frtitbi/Otvi) ot c'^cl>biMi/^U' 'lobto/, 
iaJf^ , cvivo bo btve Oeivaboib Uo-ni. oJ oHAKt/, aivo ^Wvd^C'G-iviyi.iv, tvve> 
ftai'n/e n-LHTiu-e^ o-L bive Hboivft-btbti/bi/aiv O/i k/cn>e o-e&n/ ci/tlcaan/ o-iu-en/ bo 
obli/e^ nxcntucib ol bli/C< o eivo/te. 

QAlWu/O-ctU'j y c[vbeiitl>e't/ 23, 1650. 

JXeSOlvedy cJ li/O/b Ui/G ^ecVebo/iii' O-e d-i/'(^e-obeo bo [i-'i/O-ottie tio-m, 
live- h'toh/^tebfrl-, jo-^ bke u-j^e aL bli/C- O cvvate, beiv bti/frii/^va-H/O ooKieb 
op tTVOi/OReii/ b eai/bw>tv at btve Hoo'^v^>t^bt^bl/&H/, w-iliv cuiv at|vli/al>ebi/ea/L cuwcu' 
[h&l&j ^lA/O'im/Uta'bony & uta/ii/a/ivlO'L cwvu po/Veuveti/ a/do-ie5-&'e& , awo frbti/e^ 
iinjvo-Vtcwvb {>tci/bt5-bi/eat niaXte'v vllwtA/'LCvbvu-& ov btve- aeiviii/5 o-p Uve> 
QJkme'vhcaAV ci/ai>e'<yiMTi/eivb ayvo bla-e (>cl>elfrllc^^e^vb o-L i/ti lvVi/H/Oi|iLe5 : 
Jr^rOVldeCly cJ tva/b bk-eii/ l>& UvUi/i/MT/eo at btve jvcuTi-e jv^uce O/i bli/Oe 
M^i>t IvVcHMA/t/eo pa'iy btve uiyo op btve Oeivabe. 

cJ tvu/is-d-ci'iv, tJawww'av 22, 1852. 

JieSOLVed^ U tvcvb eo/otv at btve jveu> nvenvt>e^/!) c^^ btve u etvcvte l>& 

Mvjvlvti-ea M>i/blv btve ixviive ivRHvi>e't/ aivo ae;>-elvtvbvo-iv op tj-o-o-tvi cvi iv-ele 

piv'oivv&tveo bo ecuetv o^p btve m/enil>ei& op btve tJ^eivcvbe o-p btve to/a-b 

Mi)ofvcj/'ce!vb . 

*N. B. — A resolution similar to this was passed by the Senate the 5th January, 1853. 



PREFACE. 



The Constitution, as the fireside companion of the American 
citizen, preserves in full freshness and vigor the recollection of 
the patriotic virtues and persevering courage of those gallant spirits 
of the Revolution who achieved the national independence, and 
the intelligence and fidelity of those fathers of the republic who 
secured, by this noble charter, the fruits and the blessings of inde- 
pendence. The judgment of the Senate of the United States has 
declared the importance of familiarizing American citizens, more 
extensively, with this fundamental law of their country, and has 
approved its association with the examples of republican virtue and 
the paternal advice of the "Father of his country," joined to other 
kindred matter, constituting the body of this work. To this honor- 
able body is due the credit of having provided for the first general 
promulgation of the Constitution, the continued dissemination of 
v.'hose wise injunctions and conservative principles among the 
people, can alone preserve their fraternal union and the precious 
inheritance of freedom. 

That branch of the government which is clothed by the Consti- 
tution with legislative, executive and judicial powers, and thus 
invested with three separate authorities to preserve, protect, and 
defend this venerated instrument, has been pleased to take the initi- 
ative in a measure calculated so powerfully to support the Consti- 
tution, as that 0^ giving it, in its simplicity and purity, to the peo- 
ple, who possess, themselves, the sovereign power to judge of the 
manner in which it may be executed, to rebuke its infraction, and 
to defend its integrity, and who therefore require every legitimate 

vii 



Vili PREFACE. 

aid to enable them to perform this vitally important duty in justice, 
truth, and good faith, for " The Constitution in its words is plain 
and intellig-ible, and it is meant for the homebred, unsophisticated 
understandings of our fellow-citizens." " It is addressed to the com- 
mon sense of the people." 

Several distinguished authorities and individuals having, in the 
plenitude of their liberality, honored the author and compiler with 
their sentiments on the subject-matter of the work, he claims the 
indulgence of the friends of the Constitution in giving them place 
in this edition, believing, that a salutary effect may be produced by 
the sanction of their special approbation, and the expression of their 
several views of the importance of an extended dissemination of that 
instrument. These may impress, in terms more unexceptionable, 
the obligation incumbent on every intelligent citizen to make him- 
self acquainted with its provisions, restrictions, and limitations, 
and of imparting, so far as the ability may extend, a knowledge 
of this paramount law of our country to the minds of the rising 
generation. 

The length of time required in the ordinary course of business, 
for obtaining a practical knowledge of the operations of govern- 
ment, by persons entering into public life, and their embarrassments 
for the want of a convenient mode of reference to the various 
sources of information, have suggested the utility of preparing, as a 
part of this work, and. as germain to its design, a means of collect- 
ing and rendering available to the public interest the experience 
and information acquired in this respect, in the progress of time, 
by attention to the business of legislation in the public service. 
The five new chapters in this edition may therefore be considered 
an essay, to be improved and extended hereafter, with a view, not 
only to add to the intrinsic matter proper to be read and studied by 
the great body of American citizens, but to render it peculiarly a 
vade mecum to the statesman and legislator, the ministering to 
whose individual convenience must, necessarily, result in facilitat- 
ing the performance of arduous public duty, and. in promoting, in 
no inconsiderable degree, the public interests. 



COMMUNICATIONS. 



FROJM THE VICE PRESIDENT OF THE UNITED STATES AND 
PRESIDENT OF THE SENATE. 

«J ti/e l>fruu;^e oiv " cJ tv& HBo-ii/^ttiitio-ii/ ot blue ^lu)ii/iteo O tabebj 
liMvtetv U/O-iv lu-eie k/mo eivo-uq/ti/ to 6-&ivo n^eJ qJ lui/U-e eo/teUilLii' eoco/- 
ntuveOj CMvo miv^b ivoiu- t>eq' U/O-ii/ to cu^eejvb mij/ hki/'c/ITI/ Mi/O/ivti-b l-o-b tlie 
efwi/lvti/HT/eivb o-w i/bi o-^d-L-ea/tboii/ ' aao j-o-\/ bfi/e cta-m/i/W'iS-l/e on/a4^ebe^ oL 
tb& oo-ivbeji/bb . d'b 14), lu-itlio-it/b R-xeeivbto-ii/, th/C t>&^ o-e5-ba'ive.a^ Uutc^s-b, 
iieci/bejvb, cwt/O m/0<>4> tw^cM^/ta/be nwum-at O/it/O a.Ltide- nv telo/bi/O-iv bo bti/e 
a.ceo/b iwiythMWiejrX o-p iwa/WJit/ tfc e/x<m.\Au>&Uv bbeo/bi, bti/O/b C>/ [i/a/i>e. li'cb 
s-cav. Qy b o^&eUve&j cwt/o QJ k/O-lv© i/b iim/U/ 't/eeenvej ti/ivn>ebJK»/[/ oil- 
C/ato/bi/G-iv. 

«J h/e Hi^o-iv&^bi/bii/tioiv lb oil/ o-u-i-e^vb bo n>ri'iyC'lv tio Q/vDiit/e^/UjO'iv nvuvo 
caiv u-e bo« o/bbeii/bm-ej o/ivo ii/O QADn^e'^^ccwv tvea-ib boo o-eu-o-beo. vJiv 
ItO/U^i, IvVo-u-i/M/Oii^) J oV ^^ll/t/a/5^^& , tb u> ft^tulL O/ivd auiKi/H/ti tu-Llt/ b-e lvo<>. 
i-ib-Le po^ ui/O/eau/i/bii/ bo 'uvvtye, oo-H/^bUi/obi/oe o-o-ii/btj) : b-Li/bj o-ii/ tii^e lu-rvo-tej 
at* btve O-Uuiuvio ovvaAb o-y (v luTvvteo e&ivteo^\xi/beo q/0-i>eVn/m/C+vb. o/ 
U 'tct/cbi/OO/t btiO/l/ o-t aeoA-uj/ ^toobij/ ii/ea/t^b lo-o-u/to &-eeni/ bo |vLa/0& i/b5 um/&. 
o-o-ni/ cMvo citvci&ivciy b-eii-o-ii/O o-i/^Ivii/be o-V tn>ci/t^ii'. QAdivOj o/ltli/Mtqii/ 

tb lb IVfrb IWUlvb-lWl'l/ bo H/eoAy tb JKW/O, Cl/b 111/0-11 Veil/bi) O-p tvectb CWVO O-l/a-O/jV- 

Wonvtiii/&ivb, bli/O/bj v\v btve ell/cu^tl1^e4vb O'b a/d-m/Uvi/bt^ci/bi/O-jv o-p o-ti/^ peo-e^/a/l/ 
Lcui>b, bli/& o-u-tLCj/a/ti/O-n/) o-p btve MS^o-kVi-bvbLvbvo-iv cv't/e o-vb-Veo/oA/d-eOj oiv o-t>- 
ft-e^ixi/tvc-tv cvivo exjve^teiv<:e o-p nvoAe btvcviv btvLt-tiv it-ecu^b ooivu-nvce nve 
o-p btve ^ei>ebbe ; aivu Q) anv wvtibUeO btvcvb vbb tvo-to ivjv&iv btve eo-ib 
^ovetvee cvivd tlve ajaiivvo-sv o-p btve eo-tuvbiii/ cvb to/tq/e H) oofv^tcvobl it 

* The first and second editions. 
1* 



COMMUNICATIONS. 



{►fcieiiO/fch/en/Ui/Cj/. ?J ti/U) i/ft, wi/d-eed, ttve ivatw\,a/_, 'i/eMtlb frp ttft Ive^pcot 

['i/tn/&,'^-& to Iv^o^Lix^e bli/e bu/bji-o-ive!) wo-^ m-fuclv i,b wxK) o-eij^ta-ived luvi/O-jv, 

^ll/^t^c^'J t'oa/ivq/ii/blutii', o-eteivce, iv-elyoyoe, cvivo ti/Uel-biv 1 O/n/O li/'Lo-o-e;) 

ii/OiAj- loett ubi Ivba/C-btoo/t/ o-|veia'biXrH/> lva/'vr)VG\vi/ze> w-vtvv uvo l>U/a-i/i^eJ>^t) , 
^eH/bi/m/tH'b&j ^l/Ci/bi/Oii/!) , c^^vo [a/ioa/i.e^& op bti/e Q/vCiTi/e^Lea/H/ jveo-lvle. 
Sl;\L)ei>^b^e^ b O/tvo wvn/0-i>abui/q/ c(/> iv-e aAe^ lyv nvo^\/ btvuvct/ij u>-e- twi/U-e n/O-b 
wvu-O/deOj CMVO ClJ do l^f^t• tti/i/tvli/ iv-c- ^li/O/tl uviXho-o t-o^ oen/bu/^i/eb bo 
co-nve^j bn/e iKi/o^ea {>bcM>i'li/bii/ o-u bfi/& HDony!>-bi/bii/bicn/. 

O u/ob O/ tuyH/dcl'H^elvbc^l/ cuvo lvctAya/m/&U/ivb ux/iv-j uv tti/e h/bcbuA/e oZ 
tbi) o-Vi/q/i/H/ iMvo wv bhe [vu/'t/i/bLi/ &p ibb beo&b, Mi/O-H/tu b-e- Itlo/C'eo u>i/bti/Hi/ 
tli/e teo/cL o"^ ei>eVij/ pY/eem/Cwi/. 0/ b ^ttoiilo l>e/ to-u/ivo \mve,'ve'i}-e'o bti/eV& 
1/5 o/ ecolvo/oiiii' bo 'vewo : tvot O/Loive uv teci/L5La/Dw>e la/a/lt/55 PW/Oi/ei/ttL 
00-U/H/CI/U) J IlI>\ ci/ii-eb J ci/ivo caLtea-e5j \ywt aiiyo vtv live, coAi-uv:} cuiva 
ft-beeia/ci/eb o-P o-ii/^/ m/a/Vwve\/&, O/b ei>e\/ij/ C'0■^^n^(>^^/-^<^^^/0-c}-bJ i/frci'-l'U'i/b, Pci/O- 
bo4.i^j o-'t/ ti/^e^t> >-e-. Q) t iyvvo-wlo to-Uiv live 'Lwo-vtwe^wtcw b-ci/J>^t5 o-t 
QADm/eitocKV blo/O-ii-ii/lvtj l>it Ij-c-wvO' iito/o-e O/ li/eUvebu/O/tuj/ 'i/ec-ii^i'Uva/ ob-pcx'-t 
op m/en^o-l/l^/. '-'1 1 o-u/^ l>co-ii civbeY/b W/lion/ btve O/btci/tH/nrenyb (yt ba-e&e 
a/^/^^^5 ni/O-^e fv^o-ni/i'^i ►^^Li;1' th/O/ii/ ayviv o-p u>-ti/0!>.& eoM^ben-oe (IJ ct/ni/ ct/ii>a/te, 
oi bb " Qjknva/Uiiyii> u> iyUvOMiioAlw lyhle've.btnta' cuiva ii/^e ut/l 5 \mvile, ik^ 
tcw-vvla/o t>-tcvt&nve^\vU) Mvo [i/uboA/too/b 'i/eoo-iab ooiv^tLbu/be rvvoj^b i>ctlLui/i>Le 
e^a/mlvl/e5 o-p oomlv^e Jvi-taii/ (mvo iv'ie&iiyvotv. U vv& cfen/O/bc- op bfve 
^Ivflnyi/beo obci/bebj po-^Lbup &-b\/LW^k/ u-tp i/bi ni/etib&j O/Ci/U-e b^^e^l/ ooid-ict/l 
&«/tv&bi/Oii/ bo lit) ewtenaw^ d-i'&^Jvefvtwva'bi/&H' 5 ait/O, wvo-eeo, i/b m-ou/lo b-e 
ri/O^o, i/p ivob i/m.lt/0&^Ml>L<>j bo o-ei>L^e O/ l>ebbe^ m/Od-e op eyhuah/hetviwct 
(VH/O h/uA/Lupuvo/ Ivii/lj-li/C' o|^l^vl/OH/ tw> bo bti/e H/Cccft-^coYu/ bou)-e^j dLtbieb, 
oh/O Ve{>l'v&n^t!>i[/i/ti/e{) op O/tt bn/e- pLivtobi/OvvoAteb op blve- ^&e^veVa/^ h5x>- 
u-etii/m/en/bj bLe iwn/i/bb op Uvev'o a-O/evvcipj an/d bh'& oon/ei/bi/a/bo^/ip ft|vi/^ib 
o-p bke- u-O/bb 6-U/j>bem/ bo iv-lo'i/ok/ tvveiy b-ewn/O/. 

QtJ cnn/j d&O/^ ui'Vj t>e1ip biu/Lip, 

'-''/pOlV't/ poieil/d OjWO tye'vV-CL'ivtj 



COMMUNICATIONS. XI 

FROM THE SPEAKER OF THE HOUSE OF REPRESENTATIVES OF 

TiiE Ui^ITED STATES. 

Q) [i'tw>e to biwtHVK/ ipo-iv to-'v cu u-e^ij/ ivccittii/ |vnA>tii-lieo co-jvii' op bit/e 
HLXjasittitti/O-iv ct btve '-'liDivlbco C/to/fcci. Oo to/t cvb 0) ivioe eotantut&O 
bli/& u>tni< uv iwi/uoiv tti/C IvLi/b-UctttLOtv Vi} nixi/o-e-j ii> i/& o-^^ci/O-oo-ui/ tlve 
nvoiyb IveVuecb c-U cwui/ Q) ti/Ci/u-e oi>eb iyeew. «J Ive ikv^lo-iK) atvo lK^U^. 
O/uLe uvpo-bm/Oybi/Oii' oo-ivfco/uveo nv ipGii-^ bo-oii/^— o-ttve'^/ tli/aiv bli/t' Hoo-ii/^i/- 

bit/ttoiv lb oL o/Y-eo/b oo/tite. «J \vo ii>iK>t& lo-o-'cli/ ib Mi*b MUMi/ ci/ii/ oite 

ci/s oitaii/b to b-e- w>ihvo wv bii/C tib-lO/tU' oP eo-eliv citvzeAv uv l\v& (XHULttH/. 
'-'Ue^ti/ te&^jieottLi/Lui-, ii-o-it't/ o-u- t &eli> b, 

mor Qi/p- p <? ^2d7. W\ 02) avid. 

FROM THE CHIEF JUSTICE OF THE SUPREME COURT OF THE 

UNITED STATES. 

Q) cwiv d-i/'t/eofceo oh.1/ l\v& tJii/ati-oei o-P bive yii/li/^eni/e v^o-ii/l-b to 
tiKi/itk/ iMHi/ w>^ ij/OuA/ eo-Ltu>!i/ &p btT/& Hoo-ivbtUAi/biXHV o-t Ivvo ^IvCii/tbeo 
Oto/tci, LU-tt/uotv U/O-ii/ iLoive/ i>eeiv ooo-o en/O-U'O/li/ bo iveti/O blveni/j cvivo bo 
ex',voej>-i btvci/b ci/ji 1 i-wb-ati/O-ii/ o-t tL& nvoAUve^'o iiv lu-lvLcli/ bti/C- lu-o'cR/ \vcx4> 
l>&eti/ e-xecdi/beo. tJ ti«/ co/'ce lu-i/tli/ Li>U/Lcb i/b Iwi^ t>e&tv co-m/jvaVed lu-i/bti/ 
bli/& o-btq/LH/ci/l, O/ti/O bti/e ei>i^eH/0& i|oi/i/ tlcm-e wvYiMWi/CO o-p i-bb It/C-Ypccb 
a/Ocii/Y/CWiij/, io-lLD niO/U/e i/b i>cUj/ u-autaij-le uv blue. o-i/MMiAM/Oiv op ci/ivc&-ti'OH/& 
O/'vii-uuy u/jto-iv ttve co-!i<vbtitx::bi/0-ii/ ot Uve^ Hboivati/bu/bi/O-ii/ j aii/Oj uv o^ca&'v 
biwvb, o-iv a-it/cli/ o-cvC'Ci/M/On/) J it nict/ii/ a/LuKi/iVS) i>C' tivubti/Lfv mi& 'i^ecuen/ ou 
blve nientu-C/Vb &p bfi/e ooii/Y/t, cwi/O o-p btve wt^ eivcpcto/ed tit/ bh/e oAcjM/' 
nvcivb, Q; a^lwtil- o-i/^/ecb bb& =lC)tt>ta^i/a/H/ bo Itii/l-olva/a-e bio-en/tii-pow/^ 
oo-lvt-eb lQ\j l\v& cija'to- ^ioi/b-lo/iip. 

^W lUv ciAjeab tes-jiecbj Q) cunvj o ub, ipfrio^ ou-C/O D ft- 1, 






^IX) . yu)iC'ljeip, ©icj/.j ^lUastuii/ai'Oi'V. t' 



Xll COMMUNICATIONS. 

FROM JUDGE WAYNE, ASSOCIATE JUSTICE OF THE SUPREME 
COURT OF THE UNITED STATES. 

q) (x^nv v-cAav mweii/ o-b-tici/eo to iio-u/ to't/ ii-o-u/V eo-bbix>-iv o-t two Hoo-fV* 
i-btbicti/O-H/j ctii/O lo-Llt ivo-bj ti/ebeaib&^j wiyo cum^ obtve'i/. Ql\Dil ol 11/& ctie 
nvii/cfi/ wi/o-ei>beo bo ii/O-w/. 

yj e■^n^^b nve- bo ntaR-e- O/ ft-twr/O/eft-bbO-H/. Q/ b i/b, btvci/b ii-o-u/ ly-oivto 

ao-u bo b'l/e eo-i/bi/O-iVj uvbeito-eo to-'i/ d-i'&-b^i/l>R'bto-iv [>iv \av& O ejtci/be, O/ i-bo/be* 
m-eivb op btvo bui^eb tu-li/eit/ btve Hoo-ivft-bi-bLi/bi/O-iv lu-ct/b o-o-ojibeo v-ij/ WjO 
&-tttbc:)j O/ivo lu-li/eii/ iveio- a-bo/bei Iva'U-e l>&eiv o/o-nt/i/bbeo 5 li/Ct/ibi/eLiLo/tUj' 
o-ciyichwa/tiyvo'j uv tvv& vOAt^ j^u/oli/ o-p bh'cnv cv^ It/ci/u-e i>ecii/ O/O-ni/i/bbco 
lUvo-iv eo-ii/i-bi/bDi/bi/O-H/!) po-Vm/eo b-epo-be bbeie tvcvu b-&eiv ciaLj/ ci/ta/ni/a-l/ O/o- 
bto-u/ u-Lj/ Hi?(>H/Cj/^eJ>5 t-o-^ O/OiiM/bbi/H/O/ bti/ciit/. «J'(>^ '(uepc-'i'CuxiC' tb m-o-Uyto 
l>& iu5^clii/t uv nvctivij/ o-i-JvC'ii/Jvii/O-iiAj aii/O luvi) ivo-'o t>&etv cn/O/dej i>o toA/ cm> 
Cl/ ccMV tuvuj ml cwuj/ mi-e. . 

0/ 0/111/ J aeo/^ «J i/^, UM/biv aAectt 'vechcv'vOj 

^IVo-Li/'c/ ob-e-o b {Ke"(Li> b, 

^LU. t7\Di/&K/eii/, ®i<:j/.j '-'lA/ci/&-H/ui/a/bOTi/. 



FROM THE CHIEF JUSTICE OF THE SUPREME COURT OF PENN- 
SYLVANIA. 

0/ ti/cto-e/ a/bbervbuj-elii/ li/eVii/J^eo ci/ 'vecewb eo-vlvoiv oL bti/C/ t/'eoeio/l/ 

voo->v&.btbLi/bi/!>ii/, wM-bb O/ lu-etl-d-i/a/ea-teo a/H/atu-i-i/b cmi/0 o-bti/eV n^O/bbe^ alv- 

jaen/ded, " my cu ei/bi/zen/ 5 | cvn/O, i/b g/i.i>e& iio-e |v[/C(K>-W/^& bo 6-cnj/, bli/e 

cocn/ln/lo/bi/O-ii/ 14) J wot o-iuu- o/ oo-ivLveii/i/CH/b u-o-oli/ ot 'i.epei-en/c-ej b-U/t o-H/ 

* In compliance ■with this friendly suggestion of Judge Wayne, the author has 
derived much satisfaction in devoling to it the entire 10th chapter of this edition. 
t The first edition of this book. 



COMMUNICATIONS. XllI 

uuKi/Ki/a't>l/& oo-i-n/lt/eii/O ^lW7^ o-p h/O-ti/twia/l/ (>fca/bi/^bw?;> u>V eoeiip dcuy b ii>e. 
«J ii/e aA/^a/lt•q/C^T^€^l/t Vo cviv eccoeltetvb on/e. (I'll/ tlve ^llpii/i/''eo yta/bc-t), 
tb 1/& bli/e o-ii4>ip op eoeiij/ nrcwv bo bo/R^ O/ |va4t tii/ blv& jioUi>LccMy ni/O-ivc 
nteii/bb at bfi/& o-O/ii/, aii/O blv& u-c-frli/ o-H/O/ti/b blve\/eu>te bo t>e Hi/ bive Laii/ai 
&L bli'e iTi/a/&-^e& : uv x) eii/itMi/Livcvitui', it &u/ci4i/b bo l>e ct bc-xb -b-oc4i/ ni/ 
bii/& cofYvnuHV {>OiW>oL&. cJ lv& C/O-nvh/Vle'o ib lve't/5-o-H/Ci/lti}' u+vu/ivo-tiwv bo 
ni-e', bii/b <2' cwiv li/a/lvlvii/ bo a/m-& 111/11/ be/bbui^o-ivii/ uv ui/lk>ii/^ o-p wi/6 
nve^ibi op Ivi^ IvVo-ati/cbboti/. 

^Lv i/bti/ fj/ieci/b ^eMi/ecbj O v'oj 

*-'Ivo-iaA/ au-eai/eiib ^eiocvivbj 



FROM THE JUDGE OF THE DISTRICT COURT OF THE UNITED 
STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA. 

q) ii/O/u-e Lo-o-K/ed mAjOwoAv bn-e ti-bbte tyo-lwnv& IU-I1/I/&I1/ \uvi> u-een/ jv^e- 
hci/^/eo, O/i oi iwvp-eb&fco/ivo , ii/jvae^ ii/&ii^ ola/O/t/O/e/j O/tvo Cil ti/ci/i>e ^eo/Lui/ 
b6e4i/ Mvi|vl/L'i>€-o bo pnvo, 111/ ivo eo-m/lva/ofc O/ Lo-lnv, ix) ii^O/tvii/ uulvo^baitb 
SHil>|/ecb& OP eo-ii'^bct/ii4> ^et&^eivce. 

eJ ti/e a/iva/uU>i/oa[/ ni/deco oP ba[vi/05 einu-'to/oeo iiv blve tJ'edeial/ 
vjthH/iti/bu/ti/Otv i/i lo-etl/ o-eoL&ed, cwvo, jyo po/^ a-^ CI' \vaAye, be&be-o lbs 
a'0(Ht/Ui«'i|/, u-ea^ Ivio-opb op oci/be- cuvo i-tiLi/l/. U li/C. ft^eu-cui/i/ ooc-ii/- 
ni/Civbi cwi/O babte&j w-wvovv poUii/ bti/e ^e^fc op btve u-ooli/, O/iC/ i-Li/0-ic.i'Oit/&-itp 
ftel-ec/be-o pWiTi/' luwi^eWw/b u-ouwu/ei , lu-U/ixiti/ O/Y/e ivob a/e^l'eialUl/ cucociy 
Mb-uej aivo bfveij/ [vl/e^eivb cu Jvei/bea op a/iui/a/U> op bli/& Hooiv&ti/bu-bi/Oii/, 
pvon^ bti/e pbVj>t ni/ou-eni/eii/b boiiKi/bo-s itj) po^^^a/buHVJ uv l/So. 

0/ 0411/ ol>bw3/eo bo U/ou/ po^ bti/c- oolui/ lu-ti/toti/ lo/cU) u-eeiv seivb bo iite, 
aii/O &-li/a/lij no ooal>bj tuxu-e pieq/iuMvb uAe po^ i/b. 

^Ueiit/ tej^jveobpLi/LLit/, U/OitA/b, 



XlV COMMUNICATIONS. 

FROM THE HONORABLE SIDNEY BREESE, SENATOR OF THE 
UNITED STATES. 

Q) ivouv-e, eoto/niuvedj u>\X\v a-Vect/b ociAe, uo-u/^ eoi/tu>tv iJC tn^e Hbott/- 
fc-ti/tu/bi/O-a op live, ^Itoii/i/beo O bate!) J aivo Gl) ii^ii^b [>e IveY.n^U'tea bo e^x- 
k/^ej^b mil ci/lvli/Y&i>a/D CrC bive Itlan/ ouwo o-L bti/C- iiae^ibj) &L blx-e u^o-'tli-. 

oi o-o n^o-Ke' it iw-i/lt K/a/i>e o/ ueYij/ exbciv&^i/t'-e defii/CHi/O tti/Ctb tbe i>tabe 

t&at/^Lci/bw/^ei id-lLI lio/bio-ivuze' tb, aivo bltct/b tbb ci-VcaLa/twxi/ mci/U' b-e co- 
e%ben/!>-i/i>e lu-ulv bii-e ti-m/tbj) o-p o-iiy\/ ^Lv£ivi/Oiv. 0/ b t/& o/ LanreivbaWe PO/ci', 

bli/O/b bli/C' Hdou ibbbii/ti/an/ op bkvC' ^lu)iH/beo 'j/ba/beb bn/O/b nio^b lo/Oivoleo 

lu-oll?/ op bk/& lxixblu)b& cuvo ^a'a/C-b o-p bti-e SiA9eu-&lu/bi/0-ii/ tua-b ivo-b ueb 

ko/o O/ q/e4ve^xi/L oi/Vou/Ui^bi/O-H/. Cll h/Oli/e tb I1^a/l^/ be m-btoaitC'eo ni/ic 
oii/b M^ri/O-o-li , d/C-O/. 'eni/i/e& , cuvo alb o-iiA/ &en^L^vc^^^e5 op teci/in/iiva', cuvo 
ft-bii/o-ieo bo- l>e invdt ^&boo-o . ^l-p-ou/, i^-h'Vj O/Ve civbibleo bo O/Vect/b o't/Cdib 
to-b bli/e ecu^e aivo a!>tLii;ip u-oii/ ti/ttu-e wvoiimv ljv |v\/eji/Ci/\/tn/a/ bb& kt/e&etvb 
o-i/bi-o-ii/. oi Ivolve tjOit/ aito Uve, oo-mvblu/ lu-itt [vV/opU> l>Lp tb. 

If ^''j i>ei-U/ b'tuLLj/j 



FROM THE CHIEF JUSTIl'E OF THE CIRCUIT COURT OF THE 
UNITED STATES FOR THE DISTRICT OF COLUMBIA. 

^lA/'nv. oHsLclieu-j (£i>c|^. 

q) O/Iii/ l-en^i/e^beo u-Lp mip b-'teiMAew o\v bh^e. 
l>e^^erl/ op bti/& HoLi^eiH/b Hooii/^b op btv& ^slDv^'vict op HDoUt/ml>i/n/ bo- blla/nii/ 
ipoii; Vq-'v ipoti/V tveu> cuvo eo-i\/eebeo eo-i/bio-H/ o-p bke HDo-a&ti-bwti-oiv cp 
Ivve ^Ifcu/ibeo iJ bo/beb, lu-ti/ielv ii-oti/ Ivcuye k/Ui/O-Lip {>-en/b bo bk/em/, ctivd 
po-Y bbe iKi'lw/ci'Ube. ^babiivbi/C' nvto-^ni'a'bi/Oiv cuvii/coje-o bo tb j ait/O e&^lte- 
oi/aiLii' po-^ wx/G/ lo/lj-o-Y/i/O-uA cuvo u-eiip Iva/ibtCLtLo/^ 't/itctuj,&^i/& u>[t/Lo[i/ wcyio 
mu>-6 n^ct/dc- op live, Hooaati/bu/bi/OH/j o/n/O po^- wve co-^Veobto-a o-p bfvo 



e 



COMMUNICATIONS. XV 

c'o'LQ-'tyt} uv juuK^tiiabiCiVy O/i u>&tl O/i HI/ tli/& tecctj ii>li/WiL n<Hi/ \va\)-& 
o-iiyco-v^e'ie^o i\v bti/& to-lnt/e^ eo-Lbioivs. 

«J Ivo tJiva-acb luw>e iv&b luxo t^n^e to e/xoumuv& tli/C/ text i>&lip 
ca^e^ll/IXlj/ 5 wi/tj pboni/ t\v& \vaAtiaA/ e/xoAmAva^voiv tlveA.y fi/a/u-& luvo tuii/O 
to ni/O/ltej cuvo tlvc- o/beci/b ooA/e uM/th/ n>ln/oti> U/O-u/b oo-ji/ii/ ti/Ci/& Ueeiv oo-nv- 
hci/teo- lo-i/tlv ttve o-iia^uvo'i/ uv t\v& W/elvaitiTi/eii/t o-p t^ t-O/tc-, tli/eij/ u-eUeive 
lb to b-e- tli/e nt/CKvb oo-i/i-ect oo-lvii/ eccbo/ii/bj o/ii/o- Iheiy ti/a/i>e' ivo ofrab-t il 
lo-itt u-C' as-ewil to a/LL cio/iiit^b o-L ft-o-oi/ctu/. 

'^LvLbli/ o-leo/b leslieobj o) O/Iti/, o ^ Ot^, 

^ipo-Li/b o-lj-e-o b s-eYo- t, 



FROM THE HONORABLE SILAS WRIGHT, LATE GOVERNOR OF 
NE^y YORK— FORMERLY SENATOR IN CONGRESS. 

^/f V CP. *^a.Fvbwv, 9 Q/(d1vuC, 'TS^V. 

Q) tn/CUtK/ ij/O-ii/ u>b tli/e oojuj/ o-p ii/OtiA/ eaifci/O-iv o-w tke HDo-n/iti/tii/ti/O-ii/ 
c-L tive Itoivi/beo obo/tebj uM'tiL. iio-Li/b oo-Ivi/O-lK) ui/O-ccc. cJ Ive- o-c-^i/O/iv, 
ciii/O tfi/e K^^cl/n/l^et/ o-t ttb eoteoii/ti/O-iVj O/ie- cvLii^C' o't/eo-Ltau-Lc' to ii/O-ii/^ aivo 
0/ a/H/tucUvO'tc/ o/ iv-io-e oi/loiii/O/ti/O-tv frp ttve- [/U>bi/& ivout/iTi/ej cmvo O/tectb 
as^eui/Ui/e&i bo mi/Y/ Lle& ta*bi/biitu}-ivb t't/O-ni/ i-b. 

^JSAvDcMvij/ o-p tii/2. eoibio-ivb &p t[i/& 4oo-iv&-tbbn/ti/0-iv o-p tivG/ ^ItoivLted 
otci/beij in/ nv&i>.b (^o-ll^n^/&lI/ otloataJ^i/Oiv, oA/e u-e^ip C'a/lele&-s-u.p h/t/uvteoj 
iL^tbli/ pbeq/ii/eii/b e\/loiveo-ii6 [viMvobLKt/ti/O-vVj o-pbeii/ Ln-c-beo^iii/Ci/ blve o-oiwbb 
oj'h bo tbC' biU/^- eoiv^t't/i^oti/friu o-p ttv& Ita/ici/O/i 0/1111/5. QAciv eai/bi/&iL, 
U^&'vetc-'v&j K/tvo-iu-iv to u-e oo-b^C/oti/ip [i/ii/b-tLMveOj U) op n/l-cci/t ivaiite. 

^li-o-ii/b oalvu)a{) mvalubLOCot uvoe^oc, tTX)iu-ei>e^j oo-it'^-bi/bti/bet) bii/& VctiL 
i>a/UA/& o-p ivo-iiA/ ti-o-oti. q) p 6-bii'O-i/ea pa/tbti.pw.ttu/j ctii/O l>ip cmv iiAvh-vcviyiyeo 
mvwo, lb lu-ttb teo/o i-b bo lead tu/O Hoo^i/ftti/tii/ti/O-jv |vVa/oti/C.a/Lut/, aivo bo 
uivdeiivtcuvo i/b a<) U> t/b. xy\Depel,l-uta', O/b tfi/e O/vvatipMA o-o-es, ei>-e\ip 
ji 'co-i>u>-i/0-H/ CUT/O etait^e to itb [vla/ebi/&a[/ ci/lvlvtica/tuG-iv uv tlve (vppcu/lb op 
blve O/O-ueiivirveivbj ub ocuvivob po/Ll to tuvu-e cv itatu/icvt cvtvo |vaiu-eilti,l 



XVI COMMUNICATIONS. 

tend-enxMj/ toio^O/idb O/ Jy-tVicb ofriv^ttit/cti/Okv op Ivve nv&-biumetvb irv bh/C 

nviiv^o op bli/e i>-C'ti/(>Ui/i'j ttve o-ivui/ oon/&-btLi/ctio-iv op the, M^oH/a^ti/tu/bi/Oti/ 

iKipe bo o-w'o p^ee wv{>fci/bi/i/bi'OH/& aii/O bo btu& v7otvibLbii/bbOiv i/bb-etp. 

OYo oiiyOj pcnTi/tUa/^ u>-i/btv bti/e appO'Llt* op ow/^ q/fri>e^ivntent5 c^ait 
iiO/D-e po/i/ted bo itobioe H/Civ- Lo/I^cpe a- Iv^ olvoibi-frU/ op (yii'v J>tctbe&iiieiv 
ttltk-eci/b i-veu-e^/ bo ti/a/i>& ^eo/O bli/e Ho on^^bbbu/btoiv op bite ^llfitLbeo t7bo/be!) 
lu-i/bti/ ci/ co/'t-elii/L 'i/epebeaoe bo i-bb li/^eoi/S-C/ taivo/U/Ci/q/C' aii/O ewo/cb [v\o- 
u-i/ft-i/Otvi J l>n/b 'c/O/bti/e^, ab ooeci/a-toiv k^eiveivbi, iycc^nv bo c<»e^c-i/a-e bli/oi/i/ 
uvo'eii/i'i/i/bu/j ii/ii/lobbu/Hxi/belip boo opbetv Ivoiu-eYpat cm a ji/Ou>-eYpn/tui/ eoceibeu, 
bo &-biebctv l>obli/ bo bti/C' uii/& op lu-bo/b bti/eL|/j O'b blve ni/Omen/b, c.ot^5^lo•&^ 
c/oclveo-i'ekvt. QaO ^epe^en/Ce bo a- oo/Vepu/Lj [veipeob, cwvo pi^^tb ci/H-ci/U|>t/& 
op bti/O/b i/H'&-bVii,ni^eivbj cwi/O Ok bL& cp^aii/b5 op li/OiA>e^ iea/Llip poLuvo ui/ 
tbj cci/H/H/ob pci/Ll bo eocei'b O/ &t■'t/0^va' aivo JvO/tiA/bci/^ip wvptu/ettoe ii/jtoH/ a-iwili/ 

<2/ b i/& , ti/o u>&i>e^j H/lvoiv bti/e vniwo op ba-e s-bitden/b a it o bite t-is-i ii 0/ 
cj eii/eVci/ti/Oii/ op oli/^ oou/H/biip bko/b qJ aabtci'lva'be. btve u>i/a-etif eoobeivd-eo 
iLMipiil mptiieivoe' op liou/^ toou/. Q) p i/b i-n/Citt/ b-e, Wb Q) [i/Ok-e tb 
n^a/ip, ui/bt oo-U/oeo a/!> O/ oto/ft-b -b-ooK/ uv oii/^ ft-oboou), bb eau/tvob yail 
iyo-c-w bo lilodii/co O/ moie a-otui/O cwi/O oo^^eob ctivo uivi-po^iTi/ u,n,d-el/. 

Jj^tcWLO-H^VCp op bilO HoOlVibl-btltl'Oa (K> it tij btlyCWV tl/CK) tl/ltfl/&\.bo IvVeXJ-aLL/Cd 
UV OU/V COlllvb^lp. 

w b [x'Ci'& boii/cp l>GC'iv O/ Uuj-oVite w-Uyw op ntLti/&, a/) bo b!i/i'5 &^ta/tej btici/b 
o-ii/V p^iit>tKi tcnu-5 op twvu>eiMi'i/ nt/belei^b nixi'ip l>e, u-ip oliV .=1:300. i-woy 
bivl/ej ai/i-bi-tu-wleo bo oiv^ ooninvoii/ JMitvool/o uv cu lo-'inv to l>e mad-e a> 
OUI/&5 -b-ooii/ poV bti/C. uroio a/ai>a/ive&o ^oti/Olci^&, btiab l\vo oii/ti-en/b leaib- 
LabLo^v op ba/& &-tat& maip i>& ect/l^up aivo bta/o'ooiwpt'vui/ mi/deta-booo f-a 
bli/O&e Li>lto o/^e bo l>& btve u-obe^/!) op bti/C- ibabe. 

^IpOLi/Y/ b-ooiJ/ ft-iKa/q/C^bi live, cvau-ilv(y\v oL bae Hooivsti/bu/btoti/ op bli/e 
tJtcvte, uy-dlv w UttL/ uvaeoo, a-itca a4> bli/ab ipow/ n/cn>& bY/elvo/leo po^ b(i/0 
«J'ed-ebat Ho &n/C>ttbii/bi/Oiv, o^) cu h-eintctn/cn-b cla/^5-l>ooli/ bo Ivieceae bftc 
a-bLwLp op tti/G/ OLvVieiii> la/u>& j cuvo, i/t- ipOLt^ HooaJvbubiU>i/Oiv a^vC t\ve> 
Lcni>b op Hooii/rpi.ei-b op a- (heyt&'vaZ ctiatacbe^ aacj Li/iti/ueiial/ Itii/UUo 
iH'bebeii ooiibu be, ooaivecboo lu-i/bti/ bae coa^s-o op ^bli/o-l^, d) o-o ivob 



COMMUNICATIONS. XVU 

fwuoio- CMUj/ tu/uvq/ tti^tt- iiMHu-o fj'O ivo tci/V io-tuvalii/ bo- q^ujyliuj/ o-ii/t 
ilCHui/O/ ^^^c^^ to t>eoonte j-'tcenKMi/j cuvu to dt s-oii/O/io/e tti/e aLi/tiei) tt 
t'teenvov ci/fc tti/e kc>-LU o-p oii/b eCeobi/O-ii/b W) WJ/Lelii/ to Uvei/o ooww^xiy 
aivo ol/ed-ito/b-ui' to tri/C«i/5eu>e5. 

q) a-uvoetoLii' ti/olvo tae Ivii'l^lioa'tiO'H/ ot iio-ii/l/ u-oott/ ni/CHi/ lecuo Vive, 
itKU}/ bo ivcni/O Mi/oli/ u-aui/Ci/b-Le O/aaLbio-iv to tti/e eaLi/OO'ti/O-H/ o-p tli-c 
ijCHi/ii/O/ n^clv o-p tli/e leliiib-LLO. 

vJD/'llvDip Lei/i^n/'c& ti/Ci/o ii/ob kdn^Ltteo ni/e to eoco/nvni/e ipoii/^ uvo^cot iii/ 
att bbb hci/lbi O/b cci/l/e wllLLU' ci/& blie wtb-uecb o-cnxo/ii/doj u-itb tLe e/yxouvi- 
iiatw>ivj) oi Lai>e in-O/O-e, tc-q^cblic-b u>iUv nviy li/ivo-iu-L&o-a-e op ii-o-a'o 
ti'CX'/iwvto-nteo acoii/ia/cii/, aii/O iii/iKi/li/aUte' UdeutLp o-t in/ten/tLc-iVj iii/du-oe 
me bo Mi&O/fi w>-i/blv bii/& ooii-M. o-etvoc- QJ do o-l tli/e itMi/O-L-e lik>\.1i-. U li/O 
in<xtteb 11/011/ kcM>e oo-ii/jveobeo lu-itti/ tli/e lvu^>tLca/tlOl^ o-p tti/e Ho&ii4)tiiii/- 
tio-ii/ i/& Ivc-'i-tui-eivb, O'lvo i^itclv O/b tti/O il/O-ti/H/O/ &^biio-eivb o-p bti/e tii/bbtiunoivb 
o-ii<i!i/b to b-e nvouue, po/inuLci/l/ uj-ifcri/j iivtute bti/e tea^^oiiJ> op lu-i/a-o-o-nv tton^ 
tti/e tirci'blve^ o-p ktb Hoo-ti-ivbtip lo-ilt oo-ivi-eotabe tli/e/ lu-li/ote bo Iti-!) 
nvcmoVip an-o ti/us li/eoA/b. 

^tv i-btv tti/o ^ejvctibix>iv o-p ntip bti/a/ii/i?/b to-^ btve oo-li/ip op l\m vo-o-ui,^ 
b-oUoive iiv&j "-'Uelij/ 'i/Ci|v&ebUiXLii/j cwvo t'oi/lip, ipcHi/'t/b, 

FROM THE HONORABLE JOHN MACPHERSON BERRIEN, SENATOR 
OF THE UNITED STATES. 

/rr. QQ. LADo-eft/UvcUi/ci/ni/, 28Wi/ Oclib., iolp). 

Q) exa/t1^^^veo bh/C- oo-jvip op " «J ti/& AOo-H/b-bt/bii/ti/Oiv u>'vuo[i/ ij/&ii/ 
jvcivb bo iTi/e 0-ii/ i/bb Li/Vft-b IvLiyb-Lieci^^ioti/j cvivo btvov exjvte&^a-eo bo ipo-ii/ bti/C 
tcviKrtci/b-lc o-lvuvto-iv ii>!vtolv Qj &it/belta/wx/eo o-p bli/e lo-o-i/li/, pWnv i/bb wcaxJO • 
new, ibi cw^C'Ll/tac,l|/, cmi/0 tb& ootwlvY/eH/cn/^tu-eaes-b. Ut btve im/h/O-ltct/tuie 
op i/bb o-i/ijtluUii/bwHV cvm/O-iwi/ O/tt/ ctaA^es o-p oii/V ot/bi/zeti/S j Cy bti/UX/f?/ n,o 
o-iLC oo/iv do-it/b-b. oi b K) bli/C uui/o-ct'nveti/tci/t taio-, tlvat lu-n/i/Clt/ eo-itbioiD 

alt obtv&lt) tli/o clKt/^bc-b o-p 011/^ tiu-e'tbi/Ci), iu-!i/Lc[v ei>elLp ailvzav lixu> 

tv li.e.'cM>iKi/l ui/bo'ce^ iiv iwva&'«/ata/>vo-wwj/ bfi/O-to-H'O'li/Up. Q) lo-o-iito o-e 

2 



XVIU COMMUNICATIONS. 



c-olvti' OP i/bj ci/tvo ti/Ci/O nvci/ae- ti/HiiJveiL tanai/UO/'D lu-i/tfi/ itb coivteii/ts, l>it/ 
I'ccci/it/eivb cuvo oo/iewi/l/ [^eiu/ft^al/i o-p U>. «J tvi/o u>(>Liio n^c^[^e tiimi 
n^o^e- Itelpeoblii/ oo-fvi/lt^/e'i/en/O lvi/5 aic-iv Ivo&tfci/O-iv a/i> (v oibvzeyv op tli/ij> 
a/Veci/b 5D\f)elviA/l>t/ix5' j i/b lo-ou/lo eiia/i>Le vvun bo 've<.viizo nto^e eoiaualui/ 
bfie l/H/b^^^a/be ^elo/bi/ovv uv imvioU/ \ve, ^fccuvo-!) bo ei>cliy obH/&^ cilvzew ; 
cttvo bli/iW) i/bi beivo-e-ii/Cii/ lu-ou/bo i>e' to a'vouiv- c[/0&-&^ bh/e- pio/beiivat t>oii/0 
tw-ti/bcti/ iwvi/bc5 u/5 04) oive |veo|il/e. tJvoe n>ou/to ueooin-e J>-cn/&-il>I/& ti/ou> 
n^u/0^^ btt/& uvbclti/Ci/enoe cvivo D-b^bu/e ob ea/oti' i/H/O-i/iM/o-iwi'l' mcuw Vi'vo-moief 
uve vvcu\v\vi\veiyi) oy Ivvb lettoiW), O/t^o ot bti/e oo^^ea-lo/Oivo-Livo/ o/H/O u/ivbalvltij/ 
ni/lLu/etvC'& ot vwivo-'LCOivao aitu oiec- j ci/H/O UvU) oon/i>i/obi/Oiv to-ou/to 'vcivoo'o 
Ivvnv btve cto-i>oca/b& op atl jvtolve^ mecuMu'ieb bo eatci/'i.n/& bn/& i/H-betti/- 
ci/eii/oej cwi/O HTtli/Wi>e/ bli/c- ni/O^aU), op bLo^e- lo-im/ iv-n/ytw fve U) tvoti/bi/- 
oa/Luj/ ci/a-&-oC'Ua'beo , QaD R^i/owvledo/e op btx-e HDOtvivbi/ba-bi/Oiv, m-li/boiv i^ 
to^ bti^e n^oi>.b [vo/^t ^v^c^^^v o/ivo- jvwvlvte tn/ i/b& IvVoim-Jklou^), lu-oii/to optcii/ 
eti/a/l>bc' ti/nn/ bo ft-li/ii/^v i/H/u-ia/H/O/H/blu/ bkc- ettoVbt) op o-aTvcuayO-aAve-t} bo 
n^^&-[ea/o Ii/Utt/j cuwa aitMi/K/Cjv ti/t/m/ bo O/ o-eejve^ J>-etvJ^& op o/tci/bi/bu/o-e' poV 
blue ji/^i/O-bLea^e!) wj-ti/uotv h/e i/b Ivel/mi/bbeo bo eiii/Oii', 

Q) b ly-OLi/Loj iiv mw o-hvyvvmvj u-e- oe&^iA/aij-Le btixi/b ft^u/C-li/ O/ ooliti/ ot tvve> 
Hooti-iytitwliOiv cuiy bti/O/b iv-fvucto/ uotu li/Ci/i>C' ppieko^eo, a^h/Oii/to t>& uv Ivob- 
{>.e&;>-i/OH/ op eci/oli/ L-ita-toLO/b bi^itiuvctl bti/^otbo-ii/OLii:' bfi-e Icuvo, oa o/ i^bcuvo- 
O/Vo bo u>fi/i/of!/ 'veZe-'ve^ivoe^ m/Ci/ii/ u-c- Ivcvo uM/bti/ U/ivo-on/lj-but/a' eoivudeit/ee, 
1(1/ oo/^ei lo-bt/otv iH/i>oln-e c|/U/ej^bLOH/b op vbon/ft-bi/bw/bi/Oii/a/t Icuw-. «iijtvb Cy 
n>on/bu eivh/eoiaytUj/ c&i>-i'v& bo &ee ub nvtiod-U/Oe o O/b o/ be-oob-u-ooK/ i/H/ ouA/ 
5.C/[i/oot& c^ivo ooliea'&!), bLo/b ouA/ U/OtwtO/ ni^eii/ n^cvii/ (>& bont/a/K/b to K'UvOu)- 
bti/etV ^tci/tvbbj O/ivo bo l>eoon^e o/capa-LH/beo u>Lt!v bti/ei/^ dw,bi/e!), (K) oU>i/» 
seivb, tv&poie tti/eu/ eivq/O/O/e i,tv bti/e e^^lvlol|-n^e^^/b& op a/obn>e Li/pe, 

Q/lDi o/ cibiz^ew op bii/& ^Lu)n/i/beo oto/bei, (2/ bti/an/R/ U/OU/ po^ tyv& 
u-P/ivetbb imvvovv ipoiv tvo/ive- oon/peWeo w/li^oiv bli/C- ooi'n-m/ii/n'i/bu/ b-it btx/i4> 
c-onvli/i/Utbi/OH/j ct/ii/o U/OU/ tt/ci/u-e miy l>ei-b u>!/ivti/e5 bli-o/b ipou/'b tcvu-otj) maiy 
b-e ayt-n-lvlii/ ^eiit/LMVe^ci/bco. Of cu\'YV, d-eo/Vy &-i,V, oe^ij/ teijv ij/j 0)0. 



COMMUNICATIONS. xix 

FROM THE HON. HENRY CLAY, SENATOR OF THE UNITED STATES. 

^LUttWLiaabon/j O el^bentt>c.4/j 'looO. , 

^mio-eii-taao-uvq/ tli-at ivcw uilcwo to huu-uwi/ cu lou^tii/ edittoiv oE 
tlie L'-c-Liuive, cfriuliil&o cuvo [vielta/teo u-ii/ ii^o-u/, oo-ivbcu/H/Uva- bti/e Hooiv- 
ft-ti/biitK)-iv o-p bli/& ^Hcntteo oto/te&j and o-tlve^ li/Mxfi/lH/ ii^-ewu/ aii/O 
Lateieituvo/ nvo/tbeij Q; ba'r^& jiteai-it/ie ui/ e'X|t4^&^;>-Liia/ bii/C &ati&ta/C'bKMi/ 
cy li/a/i>& o-eli/i>eo pt/C-ni. a-w cocci^nulatlc■^v op blve uK>^li. '-'Ik-li/ ltcn>e 
o-i/blvta/ij/eo ^W'0•q-l1^elvb iii/ ttte nva'belutl& LU-aLcli/ ub ejnb-oo-beb, aivo liv bli& 
o\,o&'v u>Mv w-\vvc\v uve-\.v [i/cu>e l>eeiv (h't'ccuiicheo . ^Ij^oii/^ VeMo-eivoe ctb blvo 
cibtj' at '^lU ttiit/ut/q/bo-ii/j aivo uv c-ii-e o-p Mi/e ItU/b-Uc' apptcebj [x<K) O/p- 
pc-ldeu iio-io CUV o-lvlvoibiiivLtip op o/cc-ca-a- bo bli/e o-tiqwvci/l/ beocb o-p btvc- 
Hoc-ivbbibabtfriVj aii/O bo bii/e c-btve-^ o-&ciinieti/bb awo ^ec-oVo-s co-ivbanveo 

I IV tpCHl/b lH>-tlWTiej o-p UHVMitl/ tjCHl- ajvlteCl'^ bo ll/Cl/U-e ClAM.O-U/0-U/i^tl}/ CWKt/uteO 

ilGit/^ft-ctp. '-'li-o-Li'^ lo-aUij bti/elepo4^j aea-eii>e;) jteipecb cc-itpLO-eivee tii/ 
tbi eivbi/i/e cwt/bri/etvbLeibip. 

cJ li/ete O/Vc- &-0 nvaitip awo iHictv o-ivD-io-ii/o l/eaic-ivb uv Lctoo-b o-p bti/ii) 
b-G-o-li/ b-euixx- e<v>tenALu-eup GL'teiuct/beo, cui/O lii/ bii/e li/aii/O-b o-p ei>e^i|- citv/zew 
ii>!u) co/iv co-ivi>eivie.ivbLii/ apto-io bo lvw/lelva<>e tb, blutb oi co^uvo-b doiiub 
biL-e cott^ben/oe op o/ eo-iv&^bci/iiJ> cuwa tcvlO/c- o-em.cuT/0 po^ i/b. QACao 
oubi/zen/b lu-ti/O O/ie O/fruvcp al>b&a/Oj cwi/O lQ-\,eia]te\A> lo-lvo ct/^e oo-nvutO' 
cuTto-ii/O/ U/J), iiKviiXo O/tb o-o lO-ett bo ob-bct/iiv lio^6-eJ)&-L'Oiv op cu l>&olv imvuck. 
co-inlvViJvebj lu-^bl^/U^ o/ biii/att oonv[vcW)-ij btve ^eco-io ou ao ni-ci/ii/ip tnvlvo^-^ 
bttivb QiYd/bi/O-ivo/l/ eu-eivbb cwi/O 0'^ a/bLO-ivci/L bicwv&^ctobwHt6 . 

q) b I'o iyooAjCeAAj/ ny&ceiyiycu'LW bo O/o-o cun/ exli-'t/ei^s-toiv c-^p imp h>lUvc& 
blwi-b ipouf m-cup o-uio/uv O/ LLt>eiat li/O/bio-ivaa'C- pioni/ live Ivilu-Luo, &-o 
'ttctvLip nvet/i/beo po-i ipo-ii/^ LaW^. 

Q) o/iii/ ^ebli&abutLLij', 

^It'&Li/b c-ueo- b, i>eii>cMvbj 



XX COMMUNICATIONS. 

FROM THE HON. LEWIS CASS, SENATOR OF THE UNITED STATES. 

Q/lpb ij/O-U/^ 'i^a/wciyt Q) tvo/U-e co/'tewi/Llii' exo/mtacoj cwi/O o-o H/ot lve.i>-v- 
babe bo q/H>e m^U/ o-lvi-tvi/O-n/ ou bLe iki/LivC' op, il/OU/V eai/bwHi/ op btve Hd&iv- 
^bi/bu/bi/Oii/, bn/0-ii/a''v it vi) cu uxyUi, w-lvve'lv doe!) tvob Ki/eeo O/aij/ beb-btmo- 
vvLO/b op ntuve. to i-b!) (ite^i/b!), H/O^ u>i-tt ba-e exli-^e^s-trnv op I'Kvip pwo-o/m/eiib 
eom/iTteivo i/b bite mote bo lvw/l>Lte pcn>ot. Qjtiiyo/ tii/Otvu/iiven/b op cci^'ce, 
mvo lo/U-ot, cMvu O/OCii/^ttoipj o/H/O tH/O/ij/ jvapeUp aeji/eita u-lvon/ i/b& ou>tv 
i^'vb'iyuvtyva oLa/U1^&J uH-btiKHi/b eci/ti/i/aa/ bo vbi> o/i/O aii/ip a/o-i>-eii/bi btow/& ot'o- 
ewnvit-loAvoci) u>hx^bei>et/. ej ti/& o-oi/ce op bto/e cou/ivb'up ctH/O bbe Ve- 
Iveabeo otaet& ol bbe O eitctbe pot i/b<) lvLtl>Lbcaybi'C>n/ ctn^o o-ii-btLU-ati/Oii/, 
ci/te eq/LKx-LbLp h/oivoto/b-l/e bo bti/e otvo/io/obet op btie lootK/, ajvo bo bti/e 
O/Uti-i/bip ci/H/O Uo-etLbu/ op bh/e O/Li^tvot. di bb ^etLi/ku/tou;) O/oou/ta'Oip, tfi 
cuvo^Lipbioa/b i/H/i>ei>-bi/a/a/b't/&H/5 J a^yvo bti/e eom/^^■tei.^^o^v op bti/e mi-lvotbttiLb 
tuivboti/OO/L pci/cbb u>ti/uctt Ivteoeo-eo c^^vo o/bbetvo-eo bti* Iviooeeanvo/i op 
bti^e M;oon/i>eivbi/OtVj cuvo to-ti/Uih/ iTta-ili/eo bke Ivtocpte^i op btbe ci/d-oltbLOU^ 
op bti/e M^o+v&-bubu/btony, bti/tOii<pb O/tb bh/e Jvbo/cpeb o-B o-ow/t>b cuvo ct/H/Xi/ebtj-, 
bi/Ll bti/e piivo/b cwt/O to/O'li/li/ip oon/Hmu'Vi/a'bi/O-nyj La/i>e ciyltea^aip tecem-eo 
bh/e ci/lv|vtot>a/bLotv op ^>-e^^eicl/^ emuven^b meiVj M>fi/0-i^ bebbets ci/te ooiv- 
ta/UH/ea wv btve pottivet eai/bi-on/. tJiXi-b i/U ei>et bLete iv-wb ci/ lte\-i/Ou 

Ul/ bll/C/ n-l/i-botip op OLl/t OOlA/fvbtlp, IV-a-bOfv CO/tleO U/IVOH/ U/5 bo tooli/ UO/ctl 

U/jvony bli/e l>Le&-i-i'ivq/& lu-ti/Leli/ bti-e HKottJvbi/bu/biotv Pui/^ u-^ow/q/ti/b, O/it/O ii4vo>v 
btbe aLppLeLi/tbLej) vb en/OOH4tbeteo b-et-o'ce it teeenveo bii/e i-aii/obi/Oiv op 
btve Q/vDiiT/etLea/H/ obabe^ cwvo l^eolvbe, btu^b lt/e'iw)o i/b iilvo«/ vub. o) I 
u>e lu-ete ^vou>• j^elvo'ia/beoj a/5 lu-e u)-ete uv 17875 H'O m^oibo/l [vou.*^V 
coalo t>'6i/ii/cp U/b boo/cbtt/et. ^lA/ii/ebti/etj UMbfu ci/tt blo/e ex|^eVt/e^vee op 
oti/t ao/ivo/etb cwvo ottt l>Le&^5-i/H/a/t> , u>e eo/H/ l>& i^elvb boc^ebtvetj m-iia b 
dclveii/o itlvon/ bive ^Ivi/itb iivi/bli/ lu-li-i/ch/ lu-e coirte u-lv bo b've H>otK/. 
^\XJ ii/ebtve't/ bfve peetuvo/b op ootvoea-5-i/Oiv atvo oomktoiii/i/ive u>ti/ucki/ aiM/- 
ni-O/bea oivt pablx/e't-b w-iU/ cMvtmwe, bo a-ntiTKxJ^e bli/ei/t b^oivb, oV eiv&U/ati> 



COMMUNICATIONS. XXI 

o-C tkeni/j bo- [i A^e^y^eVu-e mvo Ive^lietw/ate. bli/L'{> jvVecLGii/5 tveii/to/aej cva- 
(111 1 ico l>H' i^eXmce'o atvo a^n. le^ma-b lokioti' ct't^e- lo-^ittoiv uv ow'o kabt 
tii^bo'ti|-, aivo iiiaij/ mvo eq/ita-t exo/mklei c-p n-atLO-ktat/ oaut-ntLtij/ uv 
tlic tn/tLi/tc, !)tvo-itlo thviy coated eVotioiv ue b-'tokeiv iilvj ib tli/e ay^^eat 
ciue^bLaiT/ o-p btve aci/ii-j itHi/wlo/ eueuba- ci/ie Lo/t^b U/aa^bcaiao/ bo O/ ivolu-btoiVj 
imo-c'v ci/^oaniibcnvoe5 O/b imlva^^uig/ a/i> lvvc\i> a/c& li/O-^beivboab. 

^llotiA/ ^cpe^eii/ce bo btve IviO/cbLoe op x)\Donie, omo to tli-ab op bke 
tneo-i.a/€i>at aaeb in/ CSitcpLatvOj lu-tve^e bti/O d-tppas^ioii/ o-p bii/C [ln/0-ii>Lc^a/e 
op bli/e-L/'i/ '</e^!iecfcLi>e Hoovvft-btbiA/bi/Oivb, e&li/eoLa/ttij/ amoao/ bUe- u-ow/tli/, 
ii>tti aae o-p tti-e oo/ie^ o-p btte a/0i>eiitiix6H/b, pii/^ivtb-kleb ciiv imj^o-Vbaitt 
lebjyo-iv, lu-lvLciv cciiuvob v-o bo-o ;>t'toaciitp acynvniewo-eo bo tlivC' hau-Lto 
cM■c^vtlQ^v. ivo Howv^-bi/babi/Oiv a^lo/OH/to l>e ci/ ^cti/aot-b-oci?/, maoe. lo/- 
inLU-O/^ bo ii/b ptoiii/ oti/^ ect/ibLOi-b ipeo/ib. oi bb Ivliacilv-L-ei, ibi) jvlo- 
iM/bLon-b, ib& tinxtta/bLOii/&j wo/Oiuo o-& &^bw.o-teo O/tvo aivo-e'tCvbooo, aivo tae 
iTi-o'co taeip cv'ce ivtii/O-Leo bae uetbc^ iiVLit baeip l>& alilviccia/beo O/ii/d tae 
d-eo/le^ btveip w-ill ^>ec■o^^^&. d^ ^tvo-ivto b-e aAcuo bo 5-ee ipoii/'i/ eautixn/ 
op bti/c- HDo-a&ttbw/bi/O-n/ ua eu-eiip j)-C'ta/o-ot-lvott&-e ta bac/ ^l\Caw>a, cwvo mw 
oo-i Lenci/U/C/ O/H/O nxU/Svetp aie &^o LUilvtea&eo u>Lbli/ th/e i.mlto-ibaac& &p 
blvL5 ftucpae^bi/Oa, bti/ab uve labc-ao bo aui>-b^i/l>M/be O/IL bae cfrlite!) u>e te- 
ccii>ej anv&ao/ bti/e {vcWo-i LLt>i«/i^i/e& op vJ^/iVCLekLO/OMV. 
Q) anv, deci/t- M/^, 

i-A9eMveobpii/Ltij/j ip&W/^ ou-eo- b &-et'i> b, 

^IUi/U/I/O/H^ tjbixiK/Cip, (X*c|/. 

^UJa/ivla'Uva'b&H/. 

2* 



XXU COMMUNICATIONS. 

FROM THE HON. DANIEL WEBSTER, SECRETARY OF STATE OF THE 
UNITED STATES. 

lU)ii/o-ei&-ta/H/0-ni/a/ bli/O/t ii/OU/ o/te- ab-OLvb to bii/b-tL>b cv Io-ia/'iMv feo-i/tt/Oiv 
o-L th/e «Jyo-o-k ou bLe ADo-ivft-bt/bii/bi/O-u/, Of ba/ii/e |i teci/&-Hyie ux/ exlv^eaMiict/ 
n-nj/ v-elveX' bbci/b bh/e eoobeivivuve o-Lib*c/tl>w/bi/Oii/ o-U btui/b u-oui/nve it) oL 
lxn/l>ti'C' O/ivo O/en/eVo/t ini/li/O-'obajvce. 

tJ be- Ho(>^La.b^bn/bl/0^^ op bk^e ^Ivbivibeo o babes i/b O/ to-Y/itterv o) witt'tw- 
n^en/b 5 a- Veoa'cdeo t-U/nacuwen/bcui/ iiDcuu- ; bb vi) bti/C- Jj071Uj O/ito bLe 
o-H/Ui/ JjOflCl^ o-l bti/e U 711071 o-t- btvea-e O bo/bes 5 i/b i/& O/tb btvo/b g/H>e5 
tU) (^ JSfatioTial cflctUi/obe^/. 

QAOLn^oa.b et>eiij/ m/O/H/ i/tv bke eoiuvbli!' i/i ea/|va/l>be o-u ^ea/o-m/O/ tb : 
cui/o biixi/b \mvuJk/ w) o-eelvtu/ cMvoetivb abb, ft-ti/o-w/to l>& m-aae ea^-iUj/ oo- 
oes-i-uute bo aXh, ^vi-ow'v [vai>tL/oabw>iv, 0/ bvvuuo, ii> b-ebbc-t/ oatoiiLa/beo 
to ac-e&fnlvli/i-b Uvu> en/O, bli-aH/ cuiviy m-ln/olo/ k/O/b Iv^eoeo-eo i/t. 
^l/Lou/\/j) UM/bb v-e'uv t'vn/& ^eq/Ci/'cOj 



INTRODUCTORY REMARKS. 



James Madison, President of the United States, on entering 
upon the duties of the office, declared, that "to support the Consti- 
tution, which is the cement of the Union, as well in its limitations 
as in its authorities, and to favor the advancement of science and the 
diffusion of information, as the best aliment to true liberty," with 
other salutary sentiments and intentions, would be a resource which 
could not fail him ; and added, " but the source to which I look for 
the aid which alone can supply my deficiencies, is the well-tried 
intelligence and virtue of my fellow-citizens, and in the counsels of 
those representing- them in the other departments associated in the 
care of the national interests." 

"To support the Constitution" by his talents, by his best ser- 
vices, and with his life, if required, is the firm and irrevocable de- 
termination of every true patriot ; but the " support" presupposes 
a knoiuledge of that valued instrument ; and the knowledge can 
alone be expected to follow a careful reading- and study of its letter 
and its spirit. To afford an opportunity to every American citizen 
to do this, is the object in the publication of the present edition. 

If, as Cicero informs us, in ancient Rome the very boys were 
obliged to learn the twelve tables by heart, as a carmen necessarium, 
or indispensable lesson, to imprint on their tender minds an early 
knowledge of the laws and constitution of their country, 

" Nocturna versate manu, versate diurna.*' 

If it was deemed important to the preservation of British liberty, 
in the earlier and better days of that country, that Magna Charta 

xxiii 



XXIV INTRODUCTORY REMARKS. 

should be authoritatively promulgated and read to the people— it 
is no less important to the preservation of American li-berty, that 
every intelligent citizen should, hy his own will and authority^ 
aided by the liberality of the Government, possess a copy of this 
great charter of American liberty. 

There appears to have been no formal provision made by the 
Government of the United States for the promulgation of the Con- 
stitution, except by a concurrent resolution of the two Houses of 
Congress, made during the first Congress, (6th July, 1789,) whereby 
it was " Resolved, that there be prefixed to the publication of the 
acts of the present session of Congress a correct copy of the Con- 
stitution of Government for the United States." This, however, 
was sufficient to show the intention and the judgment of the Patres 
Paii'ise upon the subject. 

Every good citizen, capable of reading and understanding its 
meaning, is bound by duty to his country, if in his power, to pos- 
sess a copy of the Constitution. The compiler of this publication 
has added the Declaration of Independence, with invaluable matter 
claiming paternity of the " Father of his country," and other inte- 
resting information, and has so limited the cost of this Consti- 
tutional bouquet, as to enable the Government, should such be its 
pleasure, by a judicious and liberal investment in this provident 
stock — to lay up, for a time of need, a vast fund of available trea- 
sure in the minds and the hearts of the people, for the defence of 
their liberties and the perpetuity of their institutions — to sow the 
good seed in virgin soil, which might otherwise be occupied by 
noxious weeds. With diffidence it is submitted, that this national 
object vaaj be practically effected by the distribution of barely so 
many copies as may place one in each village or neighborhood, 
which would introduce it to the knowledge of the people, who 
would then seek by their own means to possess it ; and thus as a 
mustard seed would it multiply, and its salutary principles be ex- 
tended. Nor could any means more convenient be proposed, than 
to intrust to the hands of the guardians of the Constitution in Con- 
gress the distribution, or the sowing of this good seed. It would 
appear from the tables of the last census, that there are, in the 



INTRODUCTORY REMARKS. XXV 

United States, upwards of three and a half millions of men, over 
twenty years of age, capable of reading; and should there be only 
one copy furnished by the Government to every hundred men, a 
large portion of the other ninety-nine would, probably, by their own 
means, obtain it. 

Viewing the immense diffusion of printed political matter through 
all the villages and hamlets of the Republic, as the abundance of 
material provided by the generosity of the Government and zeal of 
private enterprise, as political food for the mind, this compilation 
may be considered as salt for the preservation of such as may be 
wholesome, or as lime to neutralize and destroy such as may be 
carious. It would be a test by which to separate the wheat from 
the tares and cockle — a crucible by which to separate the gold 
from the dross and base metal, or the cupel by which to try the 
current coin of politics, and a text book by which to judge of the 
orthodoxy of political disquisitions. 

By the British statute, ^^ confirmaiio cartarum^'' the great charter 
was directed "to be allowed as the common law; all judgments 
contrary to it are declared void : copies of it are ordered to be sent to 
all cathedral churches, and read twice a year to the people ;" whereby 
it was intended that the sanctity of the place should inspire a pecu- 
liar veneration for that noble structure of fundamental law — sacred 
to human liberty, civil and religious. 

According to Plato and Aristotle, ^^ Lex est mens sine affectu, ei 
quasi Deus,'''' — the law is mind without passion, and therefore like 
God. Or, according to Grotius, " God approved and ratified the 
salutary constitutions of government made by men ;'' while De- 
mosthenes declares, that "the design and object of laws is to ascer- 
tain what is just, honorable, and expedient ; and when that is dis- 
covered, it is proclaimed as a general ordinance, equal and impartial 
to all. This is the origin of law, which, for various reasons, all 
are under an obligation to obey, but especially because all law is 
the invention and gift of Heaven, the resolution of wise men, the 
correction of every offence, and the general compact of the State , 
to live in conformity with which is the duty of every individual in 
society." 



XXVI INTRODUCTORY REMARKS. 

Bossuet remarks, that "If ths Roman laws have appeared so 
sacred, that their m.ajesty still subsists, notwithstanding the ruin 
of the empire, it is because good sense, which controls human life, 
reigns throughout the whole, and that there is nowhere to be found 
a finer application of the principles of natural equity." 

Algernon Sidney adds, that "The Israelites, Spartans, Romans, 
and others, who framed their governments according to their own 
will, did it not by any peculiar privilege, but by a universal right 
conferred upon them by God and nature. They were made of no 
better clay than others ; they had no right that does not as well 
belong to other nations ; that is to say, the Constitution of every 
government is referred to those who are concerned in it, and no 
other has any thing to do with it."— 

" Salus populi est lex suprema." 

Judge Blackstone remarks, that " every man, when he enters 
into society, gives up a part of his natural liberty, as the price of 
su valuable a purchase ; and, in consideration of receiving the ad- 
vantages of mutual commerce, obliges himself to conform to those 
laws which the community has thought proper to establish. And 
this species of legal obedience and conformity is infinitely more 
desirable than that wild and savage liberty which is sacrificed to 
obtain it. For no man, that considers a moment, would wish to 
retain the absolute and uncontrolled power of doing whatever he 
pleases ; the consequence of which is, that every other man would 
also have the same power, and then there would be no security to 
individuals in any of the enjoyments of life. Political, therefore, 
or civil liberty, which is that of a member of society, is no other 
than natural liberty, so far restrained by human laws (and no far- 
ther) as is necessary and expedient for the general advantage of the 
public. Hence, we may collect that the law, which restrains a 
man from doing mischief to his fellow-citizens, though it dimi- 
nishes the natural, increases the civil liberty of mankind. And 
Locke has well observed, " where there is no law there is no free- 
domy 

Socrates made a promise, with himself, to observe the laws of 



INTRODUCTORY REMARKS. XXVll 

his country ; but this is nothing" more than what every good man 
ought both to promise and to perform : and he ought to promise 
still further, that he will exert all his power, when constitutionally 
called upon, to compel others to obey them. 

The compiler of this edition of our oiun venerated Constitution, 
to which he has with anxious labor prefixed a copious, and, he trusts, 
a faithful analytical index, believes that there are among his fellow- 
citizens many thousands of intelligent men capable of reading and 
understanding the great American charter of liberty, but who, with- 
out seeing and judging for themselves of " its limitations and its 
authorities," have, with a passive credulity, (which in other mat- 
ters of comparative insignificance, would have been indignantly 
spurned.) reposed their faith, their birthright, and their safety, on 
the opinions of others, whose impassioned, and sometimes vitupe- 
rative tones have appealed rather to the prejudices of the heart than 
to the integrity of the understanding. 

Mr. Dallas has well said, that "/Ae Constitution in its words is 
plain and intelligible, and it is meant for the homebred^ unsophisti' 
cated understandings of our fellotu-citizens.^^ To this sentiment, the 
compiler is indebted for suggesting to his mind the idea of publish- 
ing this edition of the Constitution, with its accompaniments ; and 
he therefore believed that there would be propriety and justice in 
the dedication of it to this distinguished statesman, and through 
him to the American people.* 

The compiler, diffident of his own ability to do adequate justice 
to the subject, has called to his aid some of the most eminent 
authorities to sustain the inviolable sanctity of the law, and to im- 
press upon Americans a reverential attachment to the Constitution, 
as in the highest sense the palladium of American liberty ; so that 
their judgment, as well as their affections, may be enlisted on the 
side of the Constitution, as the truest security of the Union, and 
the only solid basis on which to rest the private rights, the public 
liberties, and the substantial prosperity of the people composing 
the American Republic. 

He will next have recourse to the authority of the universally 
esteemed and lamented Justice Story, as to the high responsibilities 
of the people, and the proper means of guarding the inestimable 

* The 1st and 2d editions were dedicated to Mr. Dallas, and the Sd and subsetiuent editions, 
with his permission, to the people, &c. 



XXVlll INTRODUCTORY REMARKS.- 

rights they now enjoy. In reference to the Constitution of govern- 
ment he says : " It must perish, if there be not that vital spirit in 
the people, which alone can nourish, sustain, and direct all its 
movements. It is in vain that statesmen shall form plans of go- 
vernment, in which the beauty and harmony of a republic shall be 
embodied in visible order, shall be built up on solid substructions, 
and adorned by every useful ornament, if the inhabitants suffer the 
silent power of time to dilapidate its walls, or crumble its massy 
supporters into dust ; if the assaults from without are never resisted, 
and the rottenness and mining- from within are never guarded 
against. Who can preserve the rights and liberties of the people, 
when they shall be abandoned by themselves ] Who shall keep 
watch in the temple, when the watchmen sleep at their posts 1 
Who shall call uponthe people to redeem their possessions, and 
revive the republic, when their own hands have deliberately and 
corruptly surrendered them to the oppressor, and have built the 
prisons or dug the graves of their own friends 1 This dark picture, 
it is to be hoped, will never be applicable to the Republic of Ame- 
rica. And yet it affords a warning, which, like all the lessons of 
past experience, we are not permitted to disregard. America, free, 
happy, and enlightened as she is, must rest the preservation of her 
rights and liberties upon the virtue, independence, justice, and 
sagacity of the people. If either fail, the republic is gone. Its 
shadow may remain with all the pomp, and circumstance, and 
trickery of government, but its vital power will have departed. In 
America, the demagogue may arise as well as elsewhere. He is 
the natural, though spurious growth of republics ; and, like the 
courtier, he may, by his blandishments, delude the ears and blind 
the eyes of the people to their own destruction. If ever the day 
shall arrive, in which the best talents and the best virtues shall be 
driven from office by intrigue or corruption, by the ostracism of the 
press, or the still more unrelenting persecution of party, legislation 
will cease to be national. It will be wise by accident, and bad by 
system." 

"In every human society," says the celebrated Beccaria, "there 
is an effort continually tending to confer on one part the height of 
power and happiness, and to reduce the other to the extreme of 



INTRODUCTORY REMARKS. XXIX 

weakness and misery. The intent of good laws is to oppose this 
effort, and to diffuse their influence universally and equally ;" and 
Montesquieu declares that, "In a free state, every man, who is sup- 
posed a free agent, ought to be concerned in his own government ; 
therefore the legislative power should reside in the whole body of 
the people, or their representatives. The political liberty of the 
citizen is a tranquillity of mind, arising from the opinion each per- 
son has of his safety. In order to have this liberty, it is requisite 
the government be so constituted, as that one man need not be 
afraid of another. The enjoyment of liberty ^ and even its support 
and preservation, consists in every man's being allowed to speak his 
thoughts, and lay open his sentiments.''^ 

The compiler will next propose to his fellow-citizens the advice 
of a profound philosopher, as to the proper mode of preserving the 
independence of the mind, which is alike applicable to every free- 
born American citizen, and points out the means by which the na- 
tive talent, the integrity of heart, and the indomitable spirit of the 
people, guided by patriotism, will be rendered available in the pre- 
servation of the purity of the government, and of their own liber- 
ties. It is submitted, that a copy of this edition of the Constitu- 
tion be in the possession of every citizen capable of reading and 
understanding the meaning of language, before whom the following 
instructions of Locke would then be placed : 

"Reading is for the improvement of the understanding." 

" The improvement of the understanding is for two ends : first, 
for our own increase of knowledge; secondly, to enable us to de- 
liver and make out that knowledge to others." 

" I hope it will not be thought arrogance to say, that perhaps we 
should make greater progress in the discovery of rational and con- 
templative knowledge, if we sought it in the fountain — in the con- 
sideration of things themselves — and made use rather of our own 
thoughts than other men's to find it ; for I think we may as ration- 
ally hope to see with other men's eyes, as to know by other men's 
understandings. So much as we ourselves consider and compre- 
hend of truth and reason, so much we possess of real and true 
knowledge. The floating of other men's opinions in our brains 
makes us not one jot the more knowing, though they happen to he 



XXX INTRODUCTORY REMARKS. 

true. What in them was science, is in us but opiniatrety ; whilst 
we give up our assent only to reverend names, and do not, as they 
did, employ our own reason to understand those truths which g-ave 
them reputation. Aristotle was certainly a knowing man, but no- 
body ever thought him so, because he blindly embraced, or confi- 
dently vented, the opinions of another. And if the taking up ano- 
ther's principles, without examining them, made not him a philoso- 
pher, I suppose it will hardly make anybody else so. In the 
sciences, every one has so much as he really knows and compre- 
hends ; what he believes only, and takes upon trust, are but shreds, 
which, however well in the whole piece, make no considerable 
addition to his stock who gathers them. Such borrowed wealth, 
like fairy money, though it were gold in the hand from which he 
received it, will be but leaves and dust when it comes to use." 

" How many men have no other ground for their tenets than the 
supposed honesty, or learning, or number, of those of the same pro- 
fession . As if honest or bookish men could not err, or truth were 
to be established by the vote of the multitude ; yet this, with most 
men, serves the turn." 

" All men are liable to error, and most men are, in many points, 
by passion or interest, under temptation to it. If we could but see 
the secret motives that influenced the men of name and learning in 
the world, and the leaders of parties, we should not always find 
that it was the embracing of truth, for its own sake, that made 
them espouse the doctrines they owned and maintained. This at 
least is certain, there is not an opinion so absurd which a man may 
not receive upon this ground. There is no error to be named, 
which has not had its professors ; and a man shall never want 
crooked paths to walk in, if he thinks that he is in the right way 
wherever he has the footsteps of others to follow." 

It is not hence to be inferred, however, that the opinions and the 
judgment of the wise and the good are to be disregarded, and more 
especially are we not permitted to treat with irreverence the politi- 
cal loctrines and maxims of the fathers of the republic, whose wis- 
dom and counsel, and devoted patriotism, gave being to the Decla- 
ration of our independence and the Constitution of our country. 
In the fundamental principles of our Government, on what can the 



INTRODUCTORY REMARKS. XXXI 

American mind and faith repose with as much confidence and 
safety as the expositions contained in the " Federalist, an incom- 
parable commentary of three of the greatest statesmen of their age," 
in the extraordinary judgments of the supreme judicial tribunal, 
and the solid wisdom embodied in the constitutional commentaries 
of those who have imparted dignity and purity to the moral ermine 
which ornaments that august tribunal 1 

Nor can the American people look to any source more entitled 
to their confidence, for an exposition of the essential principles of 
our Government, and, consequently, those which ought to shape its 
administration, than to the farewell address of the " Father of his 
country," (contained in this compilation,) and to the principles 
proclaimed by the "Fathers" of the memorable Declaration and of 
tlie immortal Constitution, when respectively " called upon to un- 
dertake the duties of the first executive oflSce of our country." 

Thomas Jefferson declared those principles to be — "Equal and 
exact justice to all men, of whatever state or persuasion, religious 
or political ; for having banished from our land that religious intole- 
rance under which mankind so long bled and suffered, we have yet 
gained little, if we countenance a political intolerance, as despotic, 
as wicked, and capable of as bitter and bloody persecutions ; peace, 
commerce, and honest friendship with all nations, entangling alli- 
ances with none ; the support of the State governments in all their 
rights, as the most competent administrations for our domestic con- 
cerns, and the surest bulwarks against anti-republican tendencies ; 
the preservation of the General Government in its whole constitu- 
tional vigor, as the sheet-anchor of our peace at home and safety 
abroad ; a jealous care of the right of election by the people ; a 
mild and safe corrective of abuses which are lopped by the sword 
of revolution, where peaceful remedies are unprovided ; absolute 
acquiescence in the decisions of the majority, the vital principle of 
republics, from which is no appeal but to force, the vital principle 
and immediate parent of despotism ; a well-disciplined militia, our 
best reliance in peace and for the first moments of war, till regulars 
may relieve them ; the supremacy of the civil over the military 
authority; economy in the public expense, that labor may be 
lightly burthened ; the honest payment of our debts, and sacred 



XXXll INTRODUCTORY REMARKS. 

preservation of the public faith ; encourag-ement of agriculture, and 
of commerce as its handmaid ; the diffusion of information, and 
arraignment of all abuses at the bar of the public reason ; freedom 
of religion ; freedom of the press ; and freedom of person under the 
protection of the habeas corpus ; and trial by juries impartially 
selected. These principles form the bright constellation which 
has gone before us, and guided our steps through an age of revolu- 
tion and reformation. The wisdom of our sages, and blood of our 
heroes, have been devoted to their attainment : they should be the 
creed of our political faith ; the text of civic instruction ; the touch- 
stone by which to try the services of those we trust; and should 
we wander from them in moments of error or of alarm, let us has- 
ten to retrace our steps, and to regain the road which alone leads 
to peace, liberty, and safety." 

James Madison, equally pursuing the principles of the Constitu- 
tion, declared the purposes of Government to be: 

" To cherish peace and friendly intercourse with all nations 
having correspondent dispositions ; to maintain sincere neutrality 
towards belligerent nations ; to prefer, in all cases, amicable discus- 
sion and reasonable accommodation of differences, to a decision of 
them by an appeal to arms ; to exclude foreign intrigues, and for- 
eign partialities, so degrading to all countries, and so baneful to 
free ones ; to foster a spirit of independence, too just to invade the 
rights of others, too proud to surrender our own, too liberal to in- 
dulge unworthy prejudices ourselves, and too elevated not to look 
down upon them in others; to hold the union of the States as the 
basis of their peace and happiness ; to support the Constitution, 
which is the cement of the Union, as well in its limitations as in 
its authorities ; to respect the rights and authorities reserved to the 
States, and to the people, as equally incorporated with, and essen- 
tial to the success of, the general system ; to avoid the slightest 
interference with the rights of conscience, or the functions of reli- 
gion, so wisely exempted from civil jurisdiction ; to preserve, in 
their full energy, the other salutary provisions in behalf of private 
and personal rights, and of the freedom of the press; to observe 
economy in public expenditures ; to liberate the public resources 
lay an honorable discharge of the public debts ; to keep within the 



INTKODUCTORY REMARKS. XXXlll 

requisite limits a standing military force, always remembering that 
an armed and trained militia is the firmest bulwark of republics — 
that without standing armies their liberty. can never be in danger, 
nor with large ones safe; to promote, by authorized means, im- 
provements friendly to agriculture, to manufactures, and to external 
as well as internal commerce; to favor, in like manner, the advance- 
ment of science and the diffusion of information, as the best ali- 
ment to true liberty ; to carry on the benevolent plans which have 
been so meritoriously applied to the conversion of our aboriginal 
neighbors from the degradation and wretchedness of savage life, to 
a participation of the improvements of which the human mind and 
manners are susceptible in a civilized state. As far as sentiments 
and intentions such as these can aid the fulfilment of my duty, they 
will be a resource which cannot fail me. But the source to which 
I look for the aids which alone can supply my deficiencies, is in 
the well-tried intelligence and virtue of my fellow-citizens, and 
in the counsels of those representing them in the other departments 
associated in the care of the national interests. In these, my confi- 
dence M'ill, under every difficulty, be best placed, next to that which 
we have all been encouraged to feel in the guardianship and guid- 
ance of that Almighty Being whose power regulates the destiny of 
nations, whose blessings have been so conspicuously dispensed to 
this rising republic, and to whom we are bound to address our de- 
vout gratitude for the past, as well as our fervent supplications and 
best hopes for the future." 

The citizens of these United States were blessed with the virtue, 
the fortitude, and the perseverance to achieve their independence 
as a nation ; their patriotism and valor, both by sea and on land, 
brought them, with increased honor, through the "second war of 
independence," and through all the trials and difficulties by which 
they have, from time to time, been environed, both as respects their 
foreign and domestic relations ; and it is only necessary for them 
to have " light'''' as regards the fundamental law, and the operations 
of the Government, to enable them to judge of the fidelity of those 
whom they periodically intrust with the power which alone belongs 
to themselves as a nation of freemen, the proper use and application 
of which power is so vitally necessary to the preservation ol their 



XXXIV INTRODUCTORY REMARKS. 

own liberties and best interests, and the perpetuity of our insti- 
tutions. 

" Light, true light in the mind," says Locke, " is or can be no- 
thing else but the evidence of the truth of any proposition ; and if 
it be not a self-evident proposition, all the light it has, or can have, 
is from the clearness and validity of those proofs upon which it is 
received. To talk of any other light in the understanding, is to 
put ourselves in the dark, or in the power of the Prince of Dark- 
ness, and by our own consent, to give ourselves up to delusion ; for, 
if strength of persuasion be the light which must guide us, I ask 
ho^w shall any one distinguish between the delusions of Satan and 
the inspirations of the Holy Ghost?" 

Subtleties and authoritative corruscations have been repudiated 
by pure and true-hearted sages and statesmen ; the advice of some 
of the most profound of whom, has been characterized by the sim- 
plicity of manner and of language in which they have borne wit- 
ness to truth. Judge Story has remarked, that " upon subjects of 
Government it has always appeared to me, that metaphysical refine- 
ments are out of place. A constitution of government is addressed 
to the common sense of the people, and never was designed for 
trials of logical skill, or visionary speculation." 

Of a constitution so wisely contrived, so strongly raised, and so 
highly finished, it is hard to speak with that praise which is justly 
and severely its due : the thorough and attentive contemplation of 
it will furnish its best panegyric. To sustain, to repair, to beau- 
tify this noble pile, is a charge intrusted principally to the people 
and their constitutional representatives, in all the branches of the 
Government. 

If honor and confidence, in a pre-eminent degree, are, with a 
portion of their power, conferred by the people upon the Chief 
p]xecutive Magistrate, the guardianship of the national honor is 
in no less a degree conferred upon their representatives in the two 
Houses of Congress, the intrinsic dignity of whose official cha- 
racter, in every moral point of view, transcends that of every other 
legislative assembly, in so much as our Constitution excels that 
of every other human government; and while the Constitution, 
practically animated by the people, thus confers honor and dignity 



INTRODUCTORY REMARKS. XXXV 

upon Congress, to them it is given to stand by the Constitution, 
in spirit and in truth, inflexibly maintaining its principles — the 
principles of union, of liberty, of justice, of domestic tranquillity, 
of common defence, and of the general welfare. The Constitution 
and the Government, thus reciprocally animating and being ani- 
mated, illustrates the beau ideal of good government — one of the 
choicest gifts of God to man. 

The protection of the liberty of the United States of America is 
a duty which they owe to themselves, who enjoy it; to their ances- 
tors, who transmitted it down ; and to their posterity, who will 
claipi at their hands this, the best birthright, the noblest inherit- 
ance of mankind. 

To conclude, in the language of Judge Story — 

"If, upon a closer survey of all the powers given by the Consti- 
tution, and all the guards upon their exercise, we shall perceive 
still stronger inducements to fortify this conclusion, and to increase 
our confidence in the Constitution, may we not justly hope, that 
every honest American will concur in the dying expression of Fa- 
ther Paul, 'may it be perpetual !' " 

ESTO PERPETUA!!! 



CONTENTS. 



AN ANALYTICAL INDEX of the Constitution and amendments will be 

SEEN AT PAGE 88, AND AN INDEX TO THE RESIDUE OF THE MATTER CONTAINED IN 
THIS VOLUME WILL BE FOUND AT THE CONCLUSION OF THE BOOK. 



CHAPTER 1. 

1. THE CONSTITUTION OF THE UNITED STATES 1 

2. The dales of ratification of the Constitution by the Thirteen original States 24 

3. THE ARTICLES OF AMENDMENT TO THE CONSTITUTION-.- • 25 

4. The verification of the Constitution and amendments by the Secretary of 

State •• 31 

5. The Headings and dates of ratification of the amendments of the Constitu- 

tion 33 

6. AN ANALYTICAL INDEX OF THE CONSTITUTION as amended 38 

CHAPTER 2. 

Introductory remarks to this Chapter 129 

OFFICIAL PROCEEDINGS, AND THE CAUSES WHICH LED TO 
THE ADOPTION AND RATIFICATION OF THE CONSTITU- 
TION OF THE UNITED STATES, viz: = 130 

1. REPORT OF A COMMITTEE OF THE CONGRESS OF THE CON- 

FEDERATION, on the objections of one of the States to confer certain 
powers on Congress with regard to revenue and commerce. 16th De- 
cember, 1782 131 

2. ADDRESS OF CONGRESS TO THE STATES, calling upon their jus- 

tice and plighted faith, and representing the consequences of a failure 
on their part to sustain the Government and provide for its wants. 26th 

April, 17S3 139 

8. PREAMBLE AND RESOLUTIONS OF CONGRESS, presenting the 
exposed condition of the trade and commerce with foreign countries, 
and the destructive effect of foreign policy, and recommending that 
power for their protection be vested in Congress. 30th April, 1784 140 

4. REPORT OF A COMMITTEE OF CONGRESS, with a statement of the 

reasons why the States should confer upon Congress Ihepov/ers therein 
enumerated. 13th July, 1785 - ' 142 

5. REPORT OF A COMMITTEE OF CONGRESS, showing the failure 

of the States to comply with the requisitions of Congress, and the neces- 
sity for a complete accession of all the States to the Revenue System. 

15lh February, 1736 - 146 

C xxxvii 



XXXVlll CONTENTS. 

6. REPORT OF A COMMITTEE OF CONGRESS, relating to the con- 

tinued non-compliance of some of the States with the requisitions of Con- 
gress, and recommending the subject again to their consideration. 
Sd March, 1786 • • • 1 50 

7. REPORT OF A COMMITTEE OF CONGRESS again earnestly recom- 

mending the subject to the consideration of the States. 23d October, 
1786 • 151 

8. BRIEF HISTORICAL VIEW OF THE ACTS OF THE STATES 

which led to the formation and adoption of the Constitutionof the United 
States • • 153 

9. RESOLUTION OF CONGRESS appointing committees to repair to the 

States, to make such representations as might induce them to carry tlie 
requisitions of Congress into effect with the greatest despatch. 22d May, 
1782 155 

10. RESOLUTIONS OF THE LEGISLATURE OF NEW YORK, on the 

critical condition of affairs, — that the existing system exposed the com- 
mon cause to a precarious issue, — that the defects of the Confederation 
should be speedily repaired, and recommending a General Convention 
of the States for that purpose. 21 st July, 1782 155 

11. RESOLUTIONS OF THE LEGISLATURE OF VIRGINIA, recom- 

mending to the States to empower Congress to regulate the trade and 
commerce of the country. 30th November, 1785 158 

12. RESOLUTION OF THE LEGISLATURE OF VIRGINIA, appointing 

commissioners to meet others to be appointed by the several States, to 
take into consideration the trade and commerce, and to empower Con- 
gress effectually to provide for the same. 21st January, 1786 160 

1.3. PROCEEDINGS AND REPORT OF THE COMftUSSIONERS FROM 
SEVERAL OF THE STATES, AT ANNAPOLIS, recommending a 
Convention to meet at Philadelphia, with, ample powers to adopt a Con- 
stitution adequate to the exigencies of the Union. 11-1 4th September, 
1786 161 

14. PROCEEDINGS AND RESOLUTION OF CONGRESS OF THE 

CONFEDERATION, calling a Convention at Philadelphia, to render 
the Constitution adequate to the exigencies of the Government and the 
preservation of the Union. 21st February, 1787 • • 164 

15. ACTS OF THE SEVERAL STATES FOR THE APPOINTMENT OF 

DEPUTIES TO MEET IN CONVENTION WITH POWER TO 
FORM A CONSTITUTION OF GOVERNMENT, viz. : 

VIRGINIA. 16th October, 1786 167 

NE^V JERSEY. 23d November, 1786 170 

PENNSYLVANIA. 30th December, 1786 • •• •• 172 

NORTH CAROLINA. 6th January, 17^7 174 

DELAWARE. 3d February, 1787 177 

GEORGIA. 10th February, 1787 179 

NEW YORK. 28th February, 1787 181 

SOUTH CAROLINA. 8th March, 1787 182 

MASSACHUSETTS. 10th March, 17S7 183 



CONTENTS. XXXIX 

CONNECTICUT. 10th May, 1787- • • 1S4 

MARYLAND. 26th May, 17S7 1&5 

NEW HAMPSHIRE. 27th June, 1787 1S6 

16. LETTER OF GEORGE WASHINGTON, the President, with Resolu- 

tions of the Convention, laying the Constitution before Congress, to be 
transmitted to the several States to be submitted to Conventions thereof 
for ratification. 17lh September, 1787 187 

17. RP:S0LUTI0N of congress, transmitting the same to the States ac- 

cordingly. 28th September, 1787 189 

18. PREAMBLE AND RESOLUTION OF THE CONGRESS OF THE 

CONFEDERATION, in pursuance of the resolution of the Conventioji, 
fixing a day for the appointment of electors, a day for them to vote for 
President and Vice President, and the time and place for commencing 
proceedings under the Constitution 190 

19. BRIEF HISTORICAL VIEW OF THE MANNER IN WHICH THE 

GOVERNMENT COMMENCED ITS PROCEEDINGS UNDER THE 
CONSTITUTION 191 

CHAPTER 3. 

1. PROCEEDINGS IN THE CONGRESS OF THE UNITED COLONIES 

respecting Independence 193 

2. RESOLUTION OF CONGRESS DECLARING THE UNITED COLO- 

NIES FREE AND INDEPENDENT STATES. 2d July, 1776 195 

3. A DECLARATION BY THE REPRESENTATIVES OF THE UNI- 

TED STATES OF AMERICA, IN CONGRESS ASSEMBLED. 
July 4, 1776 195 

CHAPTER 4. 

1. APPOINTMENT OF GEORGE WASHINGTON TO BE GENERAL 

AND COMMANDER-IN-CHIEF OF THE ARMY, BY THE CON- 
GRESS OF THE UNITED COLONIES, on the 15th June, 1775 201 

2. ADDRESS OF GEORGE WASHINGTON, accepting , the appointment 

16th June, 1775 201 

3. COMMISSION OF GEORGE WASHINGTON for the same. 17th June, 

1775 • 202 

4. RESOLUTION OF CONGRESS that they would maintain and assist 

George Washington, and adhere to him in the maintenance and preser- 
vation of American liberty, with their lives and fortunes. 17th June, 
1775 203 

5. ADDRESS OF THE PRESIDENT OF CONGRESS of the Confedera- 

tion to George Washington, on the termination of the war. 26th August, 
1783 203 

6. REPLY OF GEORGE WASHINGTON to the same. 26th August, 1783 204 

7. INSCRIPTION AND REMARKS CONCERNING HOUDON'S STATUE 

OF WASHINGTON 205 



Xl CONTENTS. 

8. RESIGNATION BY GEORGE AVASHINGTON of the office of com- 

mander-in-chief of the army to Congress. 23d December, 1783 208 

9. ANSWER OF THOMAS MIFFLIN, Presidentof Congress, to the same. 

2;3d December, 1 783 • v • 209 

10. ELECTION OF GEORGE WASHINGTON, as President of the United 

States, and his inaug-ural address. 30th April, 1789 210 

11. FAREWELL ADDRESS OF GEORGE WASHINGTON, President, to 

the people of the United States. 17th September, 1796 • 215 

12. APPOINTIMENT OF GEORGE WASHINGTON TO BE LIEUTE- 

NANT-GENERAL AND COMMANDER-IN-CHIEF OF ALL THE 
ARMIES RAISED OR TO BE RAISED IN THE UNITED STATES. 
3d July, 1798 • 231 

13. TO THE MEMORY OF GEORGE WASHINGTON. Praeeedings of 

the national authorities on the death of George Washington. 14th De- 
cember, 1799 240 



CHAPTER 5. 

1. INTRODUCTORY REMARKS TO THIS CHAPTER 269 

2. Inaugural address of GEORGE WASHINGTON. (Vide Chapter 4, Arti- 

cle 9.) 30lh April, 1789 211 

3. Inaugural address of JOHN ADAMS. 4th March, 1797 270 

4. Inaugural address, iirst term of THOMAS JEFFERSON. 4th March, 

1801 275 

5. Inaugural address, second term of THOMAS JEFFERSON. 4th March, 

1805 279 

6. Inaugural address, first term of JAMES MADISON. 4th March, 1809- • 233 



CHAPTER 6. 

GENERAL LAWS relating to the continued organization of the Government, 
and providing the authorities and means of executing the Constitution 
in certain contingencies, and for other purposes • 287 

1. AN ACT to regulate the time and manner of administering certain oaths. 

This act prescribes the form of the oath to support the Constitution, and 
the officers and persons by whom it shall be taken. 1st June, 1789- •• • 287 

2. AN ACT for the punishment of certain crimes. Sections 25, 26, 27, and 28, 

provide for the protection of foreign Ambassadors and other public Min- 
isters and domestics. 30th April, 1790 289 

3. AN ACT to prescribe the mode in "which the public acts, records, and 

judicial proceedings, in each State, shall be authenticated so as to take 
effect in every other State. 26th May, 1790 290 

4. AN ACT supplemental to the act establishing the Treasury Department, 

and for a lartlier compensation to certain officers. Sec. 2 requires 
every officer and clerk in the several Departments of the United States 
to take an oath to support the Constitution. 3d March, 1791 290 



CONTENTS. Xli 

5. AN ACT relative to the election of a President and Yico President of the 

United States, and declaring the officer who shall act as President in case 
of vacancies in the ofiSces both of President and Vice President. 1st March, 
1792 291 

6. AN ACT providing compensation to the President and Yice President of the 

United States. 18th February, 1793. 

7. AN ACT to authorize certain officers and other persons to administer oaths. 

3d May, 179S 291 

8. AN ACT supplementary to the act, entitled An act to prescribe the mode in 

which the public acts, records, and judicial proceedings in each State shall 
be authenticated so as to take effect in every other State. 27th March, 
1804 - . . ■ . 294 

9. AN ACT to extend the provisions of the act to authorize certain officers and 

other persons to administer oaths, approved May 3. 1798. 8th February, 
1817 295 

10. AN ACT to provide for the publication of the laws of the United States, and 

for other purposes. 20th April, 1818 295 

11. AN ACT in addition to the "Act for the punishment of certain crimes against 

the United States," and to repeal the acts therein mentioned. 20th April, 
1818 • • • 296 

12. AN ACT making compensation to the persons appointed by the electors to 

deliver the votes for President and Yice President. 11th February, 1825- • SOO 

13. AN ACT for the apportionment of Representatives among the several States 

according to the sixth census. Sec. 2 provides for the election of Repre- 
sentatives by Districts. 25th June, 1842 300 

14. AN ACT to provide further remedial justice in the courts of the United 

States. 29th Augus-t, 1842 301 

15. AN ACT to establish a uniform time for holding elections for electors of 

President and Yice President in all the States of the Union. 23d January, 
1845 S02 

16. AN ACT to provide for the distribution of the edition of the Laws and Trea- 

ties of the United States, published by Little & Brown, under the provisions 
of the resolutions of Congress, approved March 3, 1845, and for other pur- 
poses. 8th August, 1846 302 

17. AN ACT for giving effect to certain treaty stipulations between this and fo- 

reign governments, for the apprehension and delivering up of certain 
offenders. 12 August, 1848. 305 

18. AN ACT providing for the taking of the seventh and subsequent censuses of 

the United States, and to fix the number of members of the House of Re- 
presentatives, and to provide for their future apportionment among the 
several States. 23d May, 1850 305 

19. An act to authorize Notaries Public to take and certify oaths, affirmations, and 

acknowledgments in certain cases. 16th September, 1850 306 

20. A RESOLUTION relating to the publication of the Laws of the United States. 

26th September, 1850 307 

4 



Xlii CONTENTS. ' 

CHAPTER 7. 
EXPLANATORY NOTES OF THE FOLLOWING TABLES •• » o09 

1. TABLES OF ELECTORAL VOTES FOR PRESIDENT AND VICE 

PRESIDENT of the United States, from March 4, 17S9, to March 3, 
1849 S15 

2. TABLE OF TERMS OF OFFICE, AND LENGTH OF SERVICE, IN 

THE SENATE^ OF THE VICE PRESIDENTS AND PRESI- 
DENTS PRO TEMPORE; and of the cornmenceraent, termination, 
and number of days in each session of Congress, and special session of 
the Senate, from March 4, 1789, to March 3, 1851 336 

3. TABLES OF THE NAMES OF THE SENATORS OF THE UNITED 

STATES, from March 4, 1789, to March 3, 1851, with the commence- 
ment and termination of their service, respectively, and the classes into 
which they are divided under the Constitution 346 

4. TABLE OF THE NAMES OF THE SECRETARIES OF THE SENATE 

OF THE UNITED STATES, from Mnrch 4, 17S9, with the length of 
their service respectively • 385 

5. TABLE OF TFIE NAMES OF REPRESENTATIVES IN CONGRESS 

WHO HAVE BEEN ELECTED SPEAKERS OF THE HOUSE OF 
REPRESENTATIVES, from March 4, 17S9. to March 3, 1851, with the 
commencement and termination of their service as such, and the Slates 
of which they were Representatives 386 

6. TABLE OF THE NAMES OF THE CLERKS OF THE HOUSE 

OF REPRESENTATIVES OF THE UNITED STATES, from March 
4, 1789, with the length of their service, respectively 888 

CHAPTER 8. 

THE NAMES, APPOINTMENT, AND SERVICE OF THE JUDGES 
AND OFF[CERS OF THE SUPREME COURT OF THE UNITED 
STATES, from March 4, 1789, viz. 389 

1. THE CHIEF JUSTICES OF THE SUPREME COURT OF THE 

UNITED STATES ••■•■= 389 

2. THE ASSOCIATE JUSTICES OF THE SUPREME COURT OF THE 

UNITED STATES • 390 

3. THE CLERKS, REPORTERS OF DECISIONS, AND MARSHALS OF 

THE SUPREME COURT OF THE UNITED STATES • 393 

CHAPTER 9. 

THE NAMES, APPOINTMENT, AND SERVICE OF THE SEVERAL 
HIGH EXECUTIVE OFFICERS OF THE GOVERNMENT, from 
March 4, 1789, viz. 395 

1. SECRETARIES OF STATE 395 

2. SECRETARIES OF THE TREASURY 396 

3. Si:.CRETARIES OF WAR 398 



CONTENTS. Xliii 

4. SECRETARIES OF THE NATY 399 

5. POSTMASTER GENERALS 401 

6. ATTORNEY GENERALS 402 

CHAPTER 10. 

BRIEF CHRONOLOGICAL STATEMENT OF THE FORMATION OF THE GO- 
YERNMENTS OF THE SEVERAL STATES AND TERRITORIES OF 
THE UNITED STATES .•_• •4„- 405 

1. NEW HAMPSHIRE 407 20. MISSISSIPPI ■ ^'^' 430 

2. MASSACHUSETTS 407 21.- ILLINOIS 431 

3. RHODEISLAND 407 22. ALABAMA 431 

4. CONNECTICUT 407 23. MAINE 4.32 

5. NEWYORK 407 24. MISSOURI 433 

6. NEW JERSEY 407 25. ARKANSAS ' 434 

7. PENNSYLVANIA 408 26. MICHIGAN 436 

8. DELAWARE 408 27. FLORIDA 436 

9. MARYLAND ••. 408 28. TEXAS 439 

10. VIRGINIA 408 29. WISCONSIN 441 

11. NORTH CAROLINA 408 30. IOWA 443 

12. SOUTH CAROLINA 408 31. CALIFORNIA 445 

13. GEORGIA 408 82. OREGON TERRITORY 447 

14. VERMONT 412 33. MINESOTA TERRITORY 447 

15. KENTUCKY 412 34. NEW MEXICO TERRITORY . . 448 

16. TENNESSEE 413 35. UTAH TERRITORY 448 

17. OHIO 413 36. NEBRASKA TERRITORY 448 

18. LOUISIANA 429 37. DISTRICT OF COLUMBIA 449 

19. INDIANA 430 

CHAPTER 11. 

SOURCES OF HISTORICAL, POLITICAL, STATISTICAL, AND OTHER INFOR- 
MATION REGARDING THE LEGISLATIVE, EXECUTIVE, AND JU- 
DICIAL ACTION OF THE GOVERNMENT OF THE UNITED STATES OF 
AMERICA, IN POSSESSION OF THE PUBLIC OFFICES AT THE SEAT 
OF GOVERNMENT 451 

CLASS No 1. THE COLONIAL HISTORY of the United States, and documen- 
tary History of the Revolution- 452 

CLASS No. 2. LEGISLATIVE PROCEEDINGS and acts of the Congress of the 
Confederation from the commencement of the Revolution to the commence- 
ment of the Government under the Constitution 453 

CLASS No. 3. THE JOURNAL, Acts, and Proceedings of the Convention which 
formed the Constitution of the United States, from May 14 to September 
17,1787 453 

CLASS No. 4. THE JOURNAL of the House of Representatives of the United 

States, from March 4, 1789, to March 3, 1851 •. 454 

CLASS No. 5. THE LEGISLATIVE JOURNAL of the Senate of the United States, 

from March 4, 1789, to March 3, 1851 455 



Xliv CONTENTS. 

CLASS No. 6. THE EXECUTIVE JOURNAL of the Senate of the United States, 
from March 4, 1789, to March 3, 1851. (A part only of which, as explained, 
has heen made public.) 455 

CLASS No. 7. THE JOURNAL or Record of the Senate on trials of impeachment, 

from March 4, 1789, to March 3, 1851 456 

DESCRIPTION of the Legislative Journals of the Senate and House of Represen- 
tatives of the United States 456 

CLASS No. 8. DOCUMENTS ordered to be printed by the two Houses of Congress 
since March 4, 1789, embraced in 21 volumes folio State Papers, printed by 
Gales and Seaton - 457 

CLASS No. 9. DOCUMENTS printed in octavo form by order of the Senate^ dur- 
ing each Session, from March 4, 1789, to March 3, 1851 458 

CLASS No. 10. DOCUMENTS printed in octavo form by order of the House 
of Representatives, during each session, from March 4, 1789, to March 3, 
1851 458 

CLASS No. 11. SPEECHES AND DEBATES in the two Houses of the Congress 

of the United States, from March 4, 1789, to March 3, 1851 459 

CLASS No. 12. THE LAWS of the United States, including the Treaties, &c., as 
embraced in the several editions heretofore published, up to March 3, 
1851 461 

CLASS No. 13. ABRIDGMENTS and Digests of the Laws of the United States, 

to March, 1851 • • 465 

CLASS No. 14. INDEXES prepared in conformity with orders or resolutions of 
the Senate and House of Representatives of the United States, to March 3, 
1851 465 

CLASS No. 15. REPORTS of the Decisions of the Supreme Court of the United 

States, to the January term, 1851 466 

CLASS No. 16. PUBLICATIONS on the subject of the Public Lands and Private 

Land Claims, under the authority of the United States, to March 3, 1851 • 466 

CLASS No. 17. REVENUE LAWS, Commercial Regulations, Digests of Tariff 

Laws, &c., to March 3, 1851 ■ 467 

CLASS No. 18. MISCELLANEOUS BOOKS printed or published under the au- 
thority or patronage of the United States and not noticed under particular 
heads, to March 3, 1851 ^ -468 

CLASS No. 19. MISCELLANEOUS PUBLICATIONS containing useful political, 

statistical, and other information, to March 3, 1851 471 

CLASS No. 20. THE BOOKS contained in the Congress or National Library, to 

March 3, 1851 • 472 

CLASS No. 21. THE BOOKS contained in the Library of the Department of 

State, to March 3, 1851 479 

CHAPTER 12. 

THE ARTICLES OF CONFEDERATION 483 

THE MEMBERS OF THE THIRTY-FIRST CONGRESS ■ 490 



CHAPTER I. 

THE CONSTITUTION, 

As here presented and authenticated by the certificate of the 
Secretary of State, after a continued correction of proof copies 
until every deviation from the orig-inal Constitution, however small, 
was completely -removed, may with confidence he used as a true copy. 
The necessity for a close and continued attention to the execution 
of a copy of this important instrument, became manifest by the use 
of a printed copy (considered as correct) to print from, which, on 
bein^ compared with the original, was found to contain several 
errors in the words, and sixty-five in the punctuation. This cir- 
cumstance led to a further comparison of copies, in several editions 
of the laws, printed by different individuals, and it was found, that 
one edition contained 204 and another 176 errors in the punctuation 
of the Constitution! Many of these are material in the construc- 
tion of the sentences in which they occur. 

It was also discovered, that, in the original manuscript, capital 
letters were used at the beginning of substantives, or nouns, as is 
understood to have been the practice generally in writing and 
printing at the time the Constitution was written. These appear 
to have been altogether disregarded in the editions above referred 
to, except in words at the beginning of sentences. 

As the construction of important clauses may, sometimes, turn 
anon the punctuation, or the nature of a word, it is important that 

4* XlT 



Xlvi THE CONSTITUTION. /- - 

the former be of the right measure, and that the proper value of the 
latter be manifest, before the mind can decide upon the true mean- 
ing", as intended by the wise and learned framers of that master- 
piece of composition, which bears the impress of the most minute 
and laborious attention to the construction of every particle of mat- 
ter constituting this noble fabric, the preservation of whose sim- 
plicity is the only safeguard to its integrity. 

These facts induced the determination to produce a true copy of 
the Constitution in text, orthography, letter, and punctuation, and 
the rigid examination, and subsequent verification of the Depart- 
ment having the care and custody of the venerated original, attest 
the success of the undertaking in the production of the following 
authentic Constitution. 



i-L' 



11 



.n^lSllTl]?/;).,^ 



f,Vr" ^f^^Pl'y, , 







CONSTITUTION 

OF THB 

UNITED STATES OF AMERICA. 

We the People of the United States, in order to form 
a more perfect Union, establish Justice, insure domes- 
tic Tranquillity, pro\dde for the common defence, 
promote the general Welfare, and secure the Bless- 
ings of Liberty to ourselves and our Posterity, do 
ordain and establish this Constitution for the United 
States of America. 

ARTICLE. L 

Section. 1. All legislative Powers herein granted 
shall be vested in a Congress of the United Slates, 
which shall consist of a Senate and House of Represen- 
tatives. 

Section. 2. ^The House of Representatives shall 
be composed of Members chosen every second Year by 
the People of the several States, and the Electors in each 
State shall have the Qualifications requisite for Electors 
of the most numerous Branch of the State Le^slature. 



2 CONSTITUTION. 

^No Person shall be a Representative who shall not 
have attained to the Age of twenty five Years, and been 
seven Years a Citizen of the United States, and who shall 
not, when elected, be an Inhabitant of that State in which 
he shall be chosen. 

^Representatives and direct Taxes shall be apportioned 
among the several States which may be included within 
tills Union, according to their respective Numbers, which 
shall be determined by adding to the whole Number of 
fi'ee Persons, including those bound to Service for a Term 
of Years, and excluding Indians not taxed, three fifths 
of all other Persons. The actual Enumeration shall be 
made within three Years after the first Meeting of the 
Congress of the United States, and within every subse- 
quent Term of ten Years, in such Manner as they shall 
by Law direct. The Number of Representatives shall 
not exceed one for every thirty Thousand, but each 
State shall have at Least one Ptepresentative ; and 
until such enumeration shall be made, the State of New 
Hampshire shall be entitled to chuse three, Massachu- 
setts eight, Rhode-Island and Providence Plantations 
one, Connecticut five, New^-York six. New Jersey 
four, Pennsylvania eight, Delaware one, Maryland sixj 



CONSTITUTION. 3 

Virginia ten, North Carolina five, South Carolina five, 
and Georgia three. 

*When vacancies happen in the Representation from 
any State, the Executive Authority thereof shall issue 
Writs of Election to fill such Vacancies. 

*The House of Representatives shall chuse their 
Speaker and other Officers ; and shall have the sole 
Power of Impeachment. 

Section. 3. ^The Senate of the United States shall 
be composed of two Senators from each State, chosen by 
the Legislature thereof, for six Years ; and each Senator 
shall have one Vote. 

^Immediately after they shall be assembled in Conse- 
quence of the first Election, they shall be divided as 
equally as maybe into three Classes. The Seats of the 
Senators of the first Class shall be vacated at the Ex- 
piration of the second Year, of the second Class at the 
Expiration of the fourth Year, and of the third Class at the 
Expiration of the sixth Year, so that one-third may be 
chosen every second Year ; and if Vacancies happen 
by Resignation, or otherwise, during the Recess of the 
Legislature of any State, the Executive thereof may 
make temporary Appointments until the next Meeting 
of the Legislature, which shall then fill such Vacancies 



4 CONSTITUTION. 

^No Person shall be a Senator who shall not have at- 
tained to the Age of thirty Years, and been nine Years a 
Citizen of the United States, and who shall not, when 
elected, be an Inhabitant of that State for wdiich he shall 
be chosen. 

"'The Vice President of the United States shall be Pre- 
sident of the Senate, but shall have no Vote, unless they 
be equally divided. 

^The Senate shall chuse their other OiEcers, and also 
a President pro tempore, in the Absence of the Vice Pre- 
sident, or w^hen he shall exercise the Office of President 
of the United States. 

®The Senate shall have the sole Power to try all Im- 
peachments. W^hen sitting for that Purpose, they shall 
be on Oath or Affirmation. When the President of the 
United States is tried, the Chief Justice shall preside : 
And no Person shall be convicted without the Concurrence 
of two thirds of the Members present. 

^Judgment in Cases of Impeachment shall not extend 
further than to removal from Office, and Disqualification 
to hold and enjoy any Office of honour. Trust or Profit 
under the United States : but the Party convicted shall 
nevertheless be liable and subject to Indictment, Trial, 
Judgment and Punishment, according to Law. 



CONSTITUTION. 5 

Section. 4. ^The Times, Places and Manner of hold- 
ing Elections for Senators and Representatives, shall be 
prescribed in each State by the Legislature thereof; but 
the Congress may at any time by Law make or alter such 
Regulations, except as to the places of chusing Senators. 

^ The Congress shall assemble at least once in every 
Year, and such Meeting shall be on the first Monday 
in December, unless they shall by Law appoint a differ- 
ent Day. 

Section. 5. ^Each House shall be the Judge of 
the Elections, Returns and Qualifications of its own 
Members, and a Majority of each shall constitute a 
Quorum to do Business ; but a smaller Number may 
adjourn from day to day, and may be authorized to 
compel the Attendance of absent Members, in such 
Manner, and under such Penalties as each House may 
provide. 

^Each House may determine the Rules of its Proceed- 
ings, punish its Members for disorderly Behaviour, and, 
\vith the Concurrence of tw^o thirds, expel a Member. 

^Each House shall keep a Journal of its Proceed- 
ings, and from time to time publish the same, excepting 
such Parts as m.ay in their Judgment require Secrecv ; 
and the Yeas and Nays of the Members of either House 



6 CONSTITUTION. 

on any question shall, at the Desire of one fifth of those 
Present, be entered on the Journal. 

^Neither House, during the Session of Congress, shall, 
without the Consent of the other, adjourn for more than 
three days, nor to any other Place than that in which the 
two Houses shall be sitting. 

Section. 6. ^The Senators and Representatives shall 
receive a Compensation for their Services, to be as- 
certained by Law, and paid out of the Treasury of 
the United States. They shall in all Cases, except 
Treason, Felony and Breach of the Peace, be privi- 
leged from Arrest during their Attendance at the Ses- 
sion of their respective Houses, and in going to and 
returning from the same ; and for any Speech or Debate 
in either House, they shall not be questioned in any 
other Place. 

^No Senator or Representative shall, during the 
Time for which he was elected, be appointed to any 
civil Office under the Authority of the United States, 
which shall have been created, or the Emoluments 
whereof shall have been encreased during such time ; 
and no Person holding any Office under the United States, 
shall be a Member of either House during his Continu- 
ance in Office. 



CONSTITUTION". 7 

Section. 7. ^Ail Bills for raising Revenue shall ori- 
ginate in the House of Representatives ; but the Senate 
may propose or concur with Amendments as on other Bills. 

^ Every Bill which shall have passed the House of 
Representatives and the Senate, shall, before it become 
a Law, be presented to the President of the United 
States ; If he approve he shall sign it, but if not he 
shall return it, with his Objections to that House in 
Vr-hich it shall have originated, who shall enter the Ob- 
jections at large on their Journal, and proceed to recon- 
sider it. If after such Reconsideration two thirds of that 
House shall agree to pass the Bill, it shall be sent, to- 
gether Avith the Objections, to the other House, by which 
it shall likewise be reconsidered, and if approved by 
two thirds of that House, it shall become a Law. But 
in all such Cases the Votes of both Houses shall be de- 
termined by yeas and Nays, and the Names of the Per- 
sons voting for and against the Bill shall be entered on 
the Journal of each House respectively. If any Bill 
shall not be returned by the President within ten Days 
(Sundays excepted) after it shall have been presented to 
him, the Same shall be a law, in like Manner as if he 
had signed it, unless the Congress by their Adjournment 

prevent its Return, in which Case it shall not be a Law. 
D 5 



8 CONSTITUTION. 

'Every Order, Resolution, or Vote to which the Con- 
currence of the Senate and House of Representatives may 
be necessary (except on a question of Adjournment) 
shall be presented to the President of the United States ; 
and before the Same shall take Effect, shall be approved 
by him, or being disapproved by him, shall be repassed 
by two thirds of the Senate and House of Representatives, 
according to the Rules and Limitations prescribed in the 
Case of a Bill. 

Section. 8. The Congress shall have Power 

^To lay and collect Taxes, Duties, Imposts and Ex- 
cises, to pay the Debts and provide for the common De- 
fence and general Welfare of the United States ; but all 
Duties, Imposts and Excises shall be uniform throughout 
the United States ; 

^To borrow Money on the credit of the United States ; 

^To regulate Commerce with foreign Nations, and 
among the several States, and with the Indian Tribes ; 

"^To establish an uniform Rule of Naturalization, and 
uniform Laws on the subject of Bankruptcies throughout 
the United States ; - 

^To coin Money, regulate the Value thereof, and of 
foreign Coin, and fix the Standard of Weights and 
Measures ; . 



CONSTITUTION. 9 

*To provide for the Punishment of counterfeiting the 
Securities and current Coin of the United States ; 

'To establish Post Offices and post Roads; 

* To promote the progress of Science and useful Arts, by 
securing for limited Times to Authors and Inventors the ex- 
clusive Right to their respective Writings and Discoveries ; 

^ To constitute Tribunals inferior to the supreme Court ; 

^°To define and punish Piracies and Felonies com- 
mitted on the high Seas, and Offences against the Law 
of Nations ; 

"To declare War, grant Letters of Marque and Re- 
prisal, and make Rules concerning Captures on Land 
and Water ; - - 

^^ To raise and support Armies, but no Appropriation 
of Money to that Use shall be for a longer Term than 
two Years ; 

^^ To provide and maintain a Navy ; 

^*To make Rules for the Government and Regulation 
of the land and naval Forces ; 

^^To provide for calling forth the Militia to execute 
the Laws of the Union, suppress Insurrections and repel 
Invasions ; ' > 

^^To provide for organizing, arming, and disci- 
plining, the Militia, and for governing such Part of 



10 CONSTITUTION. 

them as may be employed in the Service of the United 
States, reserving to the States respectively, the Ap- 
pointment of the Officers, and the Authority of training 
the Militia according to the Discipline prescribed by 
Congress ; 

^^To exercise exclusive Legislation in all Cases 
whatsoever, over such District (not exceeding ten Miles 
square) as may, by Cession of particular States, and 
the Acceptance of Congress, become the Seat of the 
Government of the United States, and to exercise 
like Authority over all Places purchased by the Con- 
sent of the Legislature of the State in which the Same 
shall be, for the Erection of Forts, Magazines, Arse- 
nals, Dock- Yards, and other needful Buildings ; — And 

18 To make all Laws which shall be necessary and 
proper for carrying into Execution the foregoing Powers, 
and all other Powers vested by this Constitution in the 
Government of the United States, or in any Department 
or Officer thereof. 

Section. 9. ^The Migration or Importation of such 
Persons as any of the States now existing^ shall thinlr 
proper to admit, shall not be prohibited by the Con- 
gress prior to the Year one thousand eight hundred 
and eight, but a Tax or Duty may be imposed on 



CONSTITUTION. 11 

such Importation, not exceeding ten dollars for each 
Person. 

^The Privilege of the Writ of Habeas Corpus shall 
not be suspended, unless when in Cases of Rebellion 
or Invasion the public Safety may require it. 

^No Bill of Attainder or ex post facto Law shall be passed. 
No Capitation, or other direct. Tax shall be laid, 
unless in Proportion to the Census or Enumeration 
herein before directed to be taken. 

^No Tax or Duty shall be laid on Articles exported 
from any State. 

^ No Preference shall be given by any Regulation of 
CommcTce or Revenue to the Ports of one State over those 
of another : nor shall Vessels bound to, or from, one State, 
be obliged to enter, clear, or pay Duties in another. 

'No Money shall be drawn from the Treasury, but 
in Consequence of Appropriations made by Law ; 
and a regular Statement and Account of the Receipts 
and Expenditures of all public Money shall be pub- 
lished from time to time. 

*No Title of Nobility shall be granted by the United 
States : And no Person holding any Office of Profit or 
Trust under them, shall, without the Consent of the 
Congress, accept of any present. Emolument, Office, 

5* 



12 CONSTITUTION. 

or Title, of any kind whatever, from any King, Prii;ice, 
or foreign State. 

Section. 10. ^No State shall enter into any Treaty, 
Alliance, or Confederation ; grant Letters of Marque 
and Reprisal ; coin Money ; emit Bills of Credit ; 
make any Thing but gold and silver Coin a Tender 
in Payment of Debts ; pass any Bill of Attainder, ex 
post facto Law, or Law impairing the Obligation of 
Contracts, or grant any Title of Nobility. 

^No State shall, without the consent of the Con- 
gress, lay any Imposts or Duties on Imports or Exports, 
except what may be absolutely necessary for execut- 
ing it's inspection Laws : and the net Produce of all 
Duties and Imposts, laid by any State on Imports or 
Exports, shall be for the Use of the Treasury of the 
United States ; and all such Laws shall be subject to 
the Revision and Controul of the Congress. 

^No State shall, without the Consent of Congress, 
lay any Duty of Tonnage, keep Troops, or Ships of 
War in time of Peace, enter into any Agreement or 
Compact with another State, or with a foreign Power, 
or engage in War, unless actually invaded, or in such 
imminent Danger as will not admit of Delay. 



CONSTITUTION. 13 

ARTICLE. II. 

Section. 1. ^The executive Power shall be vested 
m a President of the United States of America. He 
shall hold his Office during the Term of four Years, 
and, together with the Vice President, chosen for the 
same Term, be elected, as follov/s 

^Each State shall appoint, in such Manner as the 
Legislature thereof may direct, a Number of Elec- 
tors, equal to the w^hole Number of Senators and 
Representatives to which the State may be entitled 
in the Congress : but no Senator or Representative, 
or Person holding an Office of Trust or Profit under 
the United States, shall be appointed an Elector. 

[* The Electors shall meet in their respective States, and vote by Ballot 
for tvpo Persons, of whom one at least shall not be an Inhabitant of the 
same State with themselves. And they shall make a List of all the Per- 
sons voted for, and of the Number of Votes for each ; which List they 
shall sign and certify, and transmit sealed to the Seat of the Government 
of the United States, directed to the President of the Senate. The Pre- 
sident of the Senate shall, in the Presence of the Senate and House 
of Representatives, open all the Certificates, and the Votes shall then be 
counted. The Person having the greatest Number of Votes shall be the 
President, if such Number be a Majority of the whole Number of Elec- 
tors appointed ; and if there be more than one who have such Majority, 
and have an equal Number of Votes, then the House of Representatives 
shall immediately chuse by Ballot one of them for President; and if no 

* This clause within brackets has been superceded and annulled by the 12tlj 
amendment, on page 2S. 



14 CONSTITUTION. 

Person have a Majority, then from the five highest on the List the said 
House shall in hke Manner chuse'the President. But in chusing the 
President, the Votes shall be taken by States, the Representation from 
each State having one Vote ; A Quorum for this Purpose shall consist 
of a Member or Members from twothirds of the States, and a Majority 
of all the States shall be necessary to a Choice. In every Case, after the 
Choice of the President, the Person having the greatest Number of Votes 
of the Electors shall be the Vice President. But if there should remain 
two- or more who have equal Votes, the Senate shall chuse from them by 
Ballot the Vice President.] 

^The Congress may determine the Time of chusing 
the Electors, and the Day on which they shall give 
their Votes ; which Day shall be the same throughout the 
United States. 

*No Person except a natural born Citizen, or a Citizen 
of the United States, at the time of the Adoption of this 
Constitution, shall be eligible to the Office of President ; 
neither shall any Person be eligible to that Office who 
shall not have attained to the Age of thirty five Years, 
and been fourteen Years a Resident within the United 
States. 

^In Case of the Removal of the President from Office, 
or of his Death, Resignation, or Inability to dis- 
charge the Powers and Duties of the said Office, the 
same shall devolve on the Vice President, and the Con- 
gress may by Law provide for the Case of Re- 



CONSTITUTION. 1 5 

moval, Death, Resignation, or Inability, both of the 
President and Vice President, declaring what Officer 
shall then act as President, and such Officer shall act 
accordingly, until the Disability be removed, or a Pre- 
sident shall be elected. 

^The President shall, at stated Times, receive for 
his Services, a Compensation, which shall neither be 
encreased nor diminished during the Period for w^hich 
he shall have been elected, and he shall not receive 
v>^ithin that Period any other Emolument from the United 
States, or any of them. 

^Before he enter on the Execution of his Office, he shall 
take the following Oath or Affirmation : — 

"I do solemnly swear (or affirm) that I will faithfully 
" execute the Office of President of the United States, and 
"vrill to the best of my Ability, preserve, protect and 
" defend the Constitution of the United States. 

Section. 2. ^The President shall be Commander 
in Chief of the Army and Navy of the United States, 
and of the Militia of the several States, when called 
into the actual Service of the United States; he may 
require the Opinion, in writing, of the principal Of 
ficer in each of the executive Departments, upon any 
Subject relating to the Duties of their respective Offi- 



16 CONSTITUTION. 

ces, and he shall have Power to grant Reprieves and Par- 
dons for Offences against the United States, except in 
Cases of Impeachment. 

^He shall have Power, by and with the Advice and Con- 
sent of the Senate, to make Treaties, provided two thirds 
of the Senators present concur ; and he shall nominate, and 
by and with the Advice and Consent of the Senate, shall 
appoint Ambassadors, other public Ministers and Con- 
sids. Judges of the supreme Court, and all other Officers of 
the United States, whose Appointments are not herein other- 
wise provided for, and which shall be established by Law : 
but the Congress may by Law vest the Appointment of such 
inferior Officers, as they think proper, in the President alone, 
in the Courts of Law, or in the Heads of Departments. 

2 The President shall have Power to fill up all Vacan- 
cies that may happen during the Recess of the Senate, 
by granting Commissions which shall expire at the End 
of their next Session. 

Section. 3. He shall from time to time give to the 
Congress Information of the State of the Union, and 
recommend to their Consideration such Measures as he 
shall judge necessary and expedient ; he may, on ex- 
traordinary Occasions, convene both Houses, or either 
of them, and in Case of Disagreement between them, 



CONSTITUTION. 17 

with Respect to the Time of Adjournment, he may ad- 
journ them to such Time as he shall think proper ; he 
shall receive Ambassadors and other public Ministers ; 
he shall take Care that the Laws be faithfully executed, 
and shall Commission all the officers of the United 
States. 

Section. 4. The President, Vice President and all 
civil Officers of the United States, shall be removed from 
Office on Impeachment for, and Conviction of. Treason, 
Bribery, or other high Crimes and Misdemeanors. 

ARTICLE III. 

Section.. 1. The judicial Power of the United 
States, shall be vested in one supreme Court, and in 
such inferior Courts as the Congress may from time to 
time ordain and establish. The Judges, both of the 
supreme and inferior Courts, shall hold their Offices 
during good Behavior, and shall, at stated Times, re- 
ceive for their Services, a Compensation, which shall not 
be diminished during their Continuance in Office. 

Section. 2. ^The judicial Power shall extend to all 
Cases, in Law and Equity, arising under this Consti- 
tution, the Laws of the United States, and Treaties 
made, or which shall be made, under their Authori- 



18 CONSTITUTION. 

ty ; — to all Cases affecting Ambassadors, other public 
Ministers, and Consuls; — to all Cases of admiralty and 
maritime Jurisdiction ; — to Controversies to v/hich the 
United States shall be a Party ; — to Controversies be- 
tween tv^o or more States ; — between a State and Citizens 
of another State ; — between Citizens of different States, — 
between Citizens of the same State claiming Lands under 
Grants of different States, and between a State, or the 
Citizens thereof, and foreign States, Citizens or Subjects. 

2 In all Cases affecting Ambassadors, other public 
Ministers and Consuls, and those in which a State 
shall be Party, the supreme Court shall have original 
Jurisdiction. In all the other Cases before mentioned, 
the supreme Court shall have appellate Jurisdiction, 
both as to Law and Fact, with such Exceptions, and 
under such Regulations as the Congress shall make. 

^The Trial of all Crimes, except in Cases of Im- 
peachment, shall be by Jury ; and such Trial shall 
be held in the State where the said Crimes shall have 
been committed ; but when not committed within any 
State, the Trial shall be at such Place or Places as the 
Congress may by Law have directed. 

Section. 3. ^Treason against the United States, 
shall consist only in levying War against them, or in 



CONSTITUTION. 19 

adliering to their Enemies, giving them Aid and 
Comfort. No Person shall be convicted of Treason 
unless on the Testimony of two Witnesses to the 
same overt Act, or on Confession in open Court. 

^The Congress shall have Power to declare the 
Punishment of Treason, but no Attainder of Trea- 
son shall work Corruption of Blood, or Forfeiture except 
durino' the Life of the Person attainted. 



"O 



ARTICLE. IV. 

Section. 1. Full Faith and Credit shall be given 
in each State to the public Acts, Records, and judi- 
cial Proceedings of every other State. And the Con- 
gress may by general Laws prescribe the Manner in 
which such Acts, Records and Proceedings shall be 
proved, and the Effect thereof. 

Section. 2. ^The Citizens of each State shall be 
entitled to all Privileges and Immunities of Citizens in 
the several States. 

2 A Person charged in any State with Treason, Felony, 
or other Crime, who shall flee from Justice, and be found 
in another State, shall on Demand of the executive Au- 
thority of the State from which he fled, be delivered up, to 
be removed to the State having Jurisdiction of the Crime. 



20 CONSTITUTION. 

^No Person held to Service or Labour in one State, 
under the Laws thereof, escaping into another, shall, 
in Consequence of any Law or Regulation therein, be 
discharged from such Service or Labour, but shall be 
delivered up on Claim of the Party to whom such Service 
or Labour may be due. 

Section. 3. ^New States may be admitted by the Con- 
gress into this Union ; but no new State shall be formed or 
erected within the Jurisdiction of any other State ; nor any 
State be formed by the Junction of two or more States, or 
Parts of States, without the Consent of the Legislatures 
of the States concerned as well as of the Congress. 

^The Congress shall have Power to dispose of and 
make all needful Rules and Regulations respecting the 
Territory or other Property belonging to the United 
States ; and nothing in this Constitution shall be so 
construed as to Prejudice any Claims of the United 
States, or of any particular State. 

Section. 4. The United States shall guarantee to 
every State in this Union a Republican Form of Go- 
vernment, and shall protect each of them against In- 
vasion , and on Application of the Legislature, or of 
the Executive (when the Legislature cannot be con- 
vened) against domestic Violence. 



COISrSTITUTION. 21 

ARTICLE. V. 

The Congress, whenever two thirds of both Houses shall 
deem it necessary, shall propose Amendments to this Con- 
stitution, or, on the Application of the Legislatures of two 
thirds of the several States, shall call a Convention for 
proposing Amendments, which, in either Case, shall be 
valid to all Intents and Purposes, as Part of this Con- 
stitution, when ratified by the Legislatures of three fourths 
of the several States, or by Conventions in three fourths 
thereof, as the one or the other Mode of Ratification may be 
proposed by the Congress ; Provided that no Amendment 
vv^hich may be made prior to the Year one thousand eight 
hundred and eight shall in any Manner aflfect the first 
and fourth Clauses in the Ninth Section of the first Article ; 
and that no State, without its Consent, shall be deprived 
of its equal Suffrage in the Senate. 
ARTICLE. VI. 

^AU Debts contracted and Engagements entered 
into, before the Adoption of this Constitution, shall 
be as valid against the United States under this Con- 
stitution, as under the Confederation. 

^This Constitution, and the Laws of the United 
States which shall be made in Pursuance thereof; and 
all Treaties made, or which shall be made, under the 



22 CONSTITUTION. 

authority of the United States, shall be the supreme 
Law of the Land ; and the Judges in every State shall 
be bound thereby, any Thing in the Constitution or Laws 
of any State to the Contrary notwithstanding. 

^The Senators and Representatives before mentioned, 
and the Members of the several State Legislatures, and 
all executive and judicial Officers, both of the United 
States and of the several States, shall be bound by Oath 
or Affirmation, to support this Constitution ; but no re- 
ligious Test shall ever be required as a Qualification to 
any Office or public Trust under the United States. 
ARTICLE. VIL 
The Ratification of the Conventions of nine States, 
shall be sufficient for the Establishment of this Consti- 
tution between the States so ratifying the Same. 

Done in Convention by the Unanimous Consent 
of the States present the Seventeenth Day of Sep- 
tember in the Year of our Lord one thousand seven 
hundred and Eighty seven and of the Independance 
of the United States of America the Twelfth In 
"H^lissess whereof We have hereunto subscribed 

our Names, 

GEO WASHINGTON— 

Presidt and deputy from Virginia 



CONSTITUTION. 



23 



John Langdon, 



NEW HAMPSHIRE. 

Nicholas Oilman. 

MASSACHUSETTS. 
Nathaniel Gorham, Rufus King. 

CONNECTICUT. 

Wm. Saml. Johnson, Roger Sherman. 

NEW YORK. 
Alexander Hamilton. 

NEW JERSEY. 

David Brearley, 
Jona. Dayton. 

PENNSYLVANIA. 

Thomas Mifflin, 
Geo: Clymer, 
Jared Ingersoll, 
Gouv : Morris. 

DELAWARE. . 

Gunning Bedford, Jun'r, 
Richard Bassett, 



WiL : Livingston, 
Wm. Paterson, 

B. Franklin, 
RoBT. Morris, 
Tho : FiTzsiMONS, 
James Wilson, 



Geo : Read, 
John Dickinson, 
Jaco : Broom. 



James M'Henry 
Danl. Carroll. 

John Blair, 

Wm. Blount, 
Hu. Williamson. 

J. Rutledge, 
Charles Pinckney, 

William Few, 



MARYLAND. 

Dan : of St. Thos. Jenifer, 

VIRGINIA. 

James Madison, Jr., 
NORTH CAROLINA. 

Rich'd Dobbs Spaight, 

SOUTH CAROLINA. 

Charles Cotesworth Pinckney 
Pierce Butler. 

GEORGIA. 

Abr. Baldwin. 



Attest : 
E 



WILLIAM JACKSON, Secretary, 



24 



CONSTITUTION. 



The Constitution was adopted on the 17th September, 1787, by 
the Convention appointed in pursuance of the resolution of the Con- 
gress of the Confederation, of the 21st February, 1787, and was 
ratified by the Conventions of the several States, as follows, viz.: 

on the 7th December, 1787. 

" 12th December, 1787. 

" 18th December, 1787. 

" 2d January, 1788. 

" 9th January, 1788. 

" 6th February, 1788. 

" 28th April, 1788. 

" 23d May, 1788. 

" 21st June, 1788. 

" 26th June, 1788. 

" 26th July, 1788. 

" 21st November, 1789. 

" 29th May, 1790. 



By Convention of Delaware, 


(( 


(( 


Pennsylvania, 


((. 


(( 


New Jersey, 


IC 


(( 


Georgia, 


i( 


(( 


Connecticut, 


(( 


(( 


Massachusetts, 


(( 


(( 


Maryland, 


(( 


(( 


South Carolina, 


6( 


il 


New Hampshire, 


(( 


(( 


Virginia, 


(( 


<( 


New York, 


(( 


(( 


North Carolina, 


(( 


(( 


Rhodje Island, 



ARTICLES 

IN ADDITION TO, AND AMENDMENT OF, 

THE CONSTITUTION 



OF THE 



UNITED STATES OF AMERICA, 

Proposed by Congress^ and ratified by the Legislatures 
of the several States^ pursuant to the fifth article of the 
original Constitution. 

(ARTICLE 1.) 

Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise there- 
of; or abridging the freedom of speech, or of the 
press ; or the right of the people peaceably to assem- 
ble, and to petition the Government for a redress of 
grievances. 

(ARTICLE 2.) 

A well regulated Militia, being necessary to the se- 
curity of a free State, the right of the people to keep and 
bear Arms, shall not be infringed. 



26 CONSTITUTION. 

(ARTICLE III.) 

No Soldier shall, in time of peace be quartered in 
any house, without the consent of the Owner, nor in 
time of war, but in a manner to be prescribed by law. 

(ARTICLE IV.) 
The right of the people to be secure in their per- 
sons, houses, papers, and effects, against unreasonable 
searches and seizures, shall not be violated, and no War- 
rants shall issue, but upon probable cause, supported by 
Oath or affirmation, and particularly describing the place 
to be searched, and the persons or things to be seized. 

(ARTICLE V.) 
No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or 
indictment of a Grand Jury, except in cases arising in 
the land or naval forces, or in the Militia, when in ac- 
tual service in time of War or public danger ; nor 
shall any person be subject for the same offence to be 
twice put in jeopardy of life or limb ; nor shall be com- 
pelled in any Criminal Case to be a witness against 
himself, nor be deprived of life, liberty, or property, 
without due process of law ; nor shall private proper- 
ty be taken for public use, without just compensation. 



CONSTITUTION. 27 

(ARTICLE VI.) 

In all criminal prosecutions, the accused shall enjoy 
the right to a speedy and public trial, by an impar- 
tial jury of the State and district wherein the crime 
shall have been committed, which district shall have 
been pre\iously ascertained by law, and to be in- 
formed of the nature and cause of the accusation ; 
to be confronted wdth the w^itnesses against him ; 
to have Compulsory process for obtaining Witnesses 
in his favour, and to have the Assistance of Counsel 
for his defence. 

(ARTICLE VII.) 

In Suits at common law^, w^here the value in con- 
troversy shall exceed twenty dollars, the right of trial 
by jury shall be preserved, and no fact tried by a jury 
shall be otherwise re-examined in any Court of the 
United States, than according to the rules of the com- 
mon law. 

(ARTICLE VIII.) 

Excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments in- 
flicted. 



28 



CONSTITUTION. 



(ARTICLE IX.) 

The enumeration in the Constitution, of certain 
rights, shall not be construed to deny or disparage 
others retained by the people. 

(ARTICLE X.) 

The powers not delegated to the United States by 
the Constitution, nor prohibited by it to the States, 
are reserved to the States respectively, or to the 
people. 

ARTICLE XL 

The Judicial power of the United States shall not 
be construed to extend to any suit in law or equity, 
commenced or prosecuted against one of the United 
States by Citizens of another State, or by Citizens or 
Subjects of any Foreign State. 

ARTICLE XII. 

The Electors shall meet in their respective states, 
and vote by ballot for President and Vice President, 
one of whom, at least, shall not be an inhabitant of 
the same state with themselves ; they shall name in 
their ballots the person voted for as President, and in 
distinct ballots the person voted for as Vice-President, 



CONSTITUTION. 29 

and they shall make distinct lists of all persons voted for 
as President, and of all persons voted for as Vice-Presi- 
dent, and of the number of votes for each, which lists they 
shall sign and certify, and transmit sealed to the seat 
of the government of the United States, directed to 
the President of the Senate ; — The President of the 
Senate shall, in presence of the Senate and House 
of Representatives, open all the cer-tificates and the votes 
shall then be counted ; — The person having the great- 
est number of votes for President, shall be the Presi- 
dent, if such number be a majority of the whole number 
of Electors appointed ; and if no person have such 
majority, then from the persons having the highest 
numbers not exceeding three on the list of those voted 
for as President, the House of Representatives shall 
choose immediately, by ballot, the President. But in 
choosing the President, the votes shall be taken by states, 
the representation from each state having one vote ; a 
quorum for this purpose shall consist of a member or 
members from two-thirds of the states, and a majority 
of all the states shall be necessary to a choice. And 
if the House of Representatives shall not choose a Pre- 
sident whenever the right of choice shall devolve 
upon them, before the fourth day of March next fol- 



30 CONSTITUTION. 

lowing, then the Vice-President shall act as President, 
as in the case of the death or other constitutional dis- 
ability of the President. The person having the great- 
est number of votes as Vice-President, shall be the Vice- 
President, if such number be a majority of the whole 
number of Electors appointed, and if no person have a 
majority, then from the two highest numbers on the list, 
the Senate shall choose the Vice-President ; a quorum 
for the purpose shall consist of two-thirds of the whole 
number of Senators, and a majority of the whole number 
shall be necessary to a choice. But no person consti- 
tutionally ineligible to the office of President shall be 
eligible to that of Vice-President of the United States. 



31 




CONSTITUTION. 33 

TJie following is prefixed to the first ten^ of the pre- 
ceding amendments. 

CONGRESS OF THE UNITED STATES, 

Begun and held at the City of New York, on Wednesday, the fourth 
of March, one thousand seven hundred and eighty-nine. 

The Conventions of a number of the States, having 
at the time of their adopting the Constitution, expressed 
a desire, in order to prevent misconstruction or abuse of 
its powers, that further declaratory and restrictive clauses 
should be added : And as extending the ground of public 
confidence in the Government, will best insure the bene- 
ficent ends of its institution; 

Resolved hy the Senate and House of Representatives 

* It may be proper here to state that 12 articles of amendment were 
proposed by the first Congress, of which but 10 were ratified by the 
States — the first and second in order not having been ratified by the re- 
quisite number of States. 

These two were as follows : 

Article the first.... After the first enumeration required by the first Article 
of the Constitution, there shall be one Representative for every thirty thou- 
sand, until the number shall amount to one hundred, after which, the pro- 
portion shall be so regulated by Congress, that there shall not be less than 
one hundred Representatives, nor less than one Representative for every 
forty thousand persons, until the number of Representatives shall amount 
to two hundred, after which the proportion shall be so regulated by Con- 
gress, that there shall not be less than two hundred Representatives, nor 
more than one Representative for every fifty thousand persons. 

Article second. ...No law, varying the compensation for the services 
of tbe Senators and Representatives, shall take effect, until an election 
of Representatives shall have intervened. 



34 CONSTITUTION. 

of the United States of Amenca, in Congress assembled, 
two thirds of both Houses concurring, That the following 
Articles be proposed to the Legislatures of the several 
States, as amendments to the Constitution of the United 
States, all, or any of which articles, when ratified by three- 
fourths of the said Legislatures, to be valid to all intents 
and purposes, as part of the said Constitution ; viz. 

Articles in addition to, and Amendment of the Consti- 
tution of the United States of America, proposed by Con- 
gress, and ratified by the Legislatures of the several States 
pursuant to the fifth article of the original Constitution. 

The first ten amendments of the Constitution w^ere 
ratified by the States as follows, viz. : 

By New Jersey, 20th November, 1789. 

By Maryland, 19th December, 1789. 

By North Carolina, 22d December, 1789. 

By South Carolina, 19th January, 1790. 

By New Hampshire, 25th January, 1790. 

By Delaware, 28th January, 1790. 

By Pennsylvania, 10th March, 1790. 

By New York, 27th March, 1790. 

By Rhode Island, 15th June, 1790. 

By Vermont, 3 November, 1791. 

By Virginia, 15 December, 1791. 



CONSTITUTION. 35 

The following is prefixed to the eleventh of the preceding 

amendments : 

THIRD CONGRESS OF THE UNITED STATES: 

^t the first session, begun and held at the city of Phi- 
ladelphia, in the State of Pennsylvania, on Monday the 
second of December, one thousand seven hundred and 
ninety-three. 

Resolved by the Senate and House of Representatives 
of the United States of America, in Congress assembled, 
two thirds of both Houses concurring, That the following 
Article be proposed to the Legislatures of the several 
States, as an amendment to the Constitution of the United 
States ; which when ratified by three-fourths of the said 
Legislatures shall be valid as part of the said Consti- 
tution, viz : 

The followhig is prefixed to the twelfth of the preceding 

amendments : 

EIGHTH CONGRESS OF THE UNITED STATES: 
At the first session, begun and held at the city of Wash- 
ington, in the Territory of Columbia, on Monday the 
seventeenth of October, one thousand eight hundred and 
three. 

Resolved by the Senate and House of Representatives 
of the United States of America, in Congress assembled. 
Two thirds of both Houses concurring, that in lieu of the 
third paragraph of the first section of the second article 



36 CONSTITUTION. 

of the Constitution of the United States, the following be 
proposed as an amendment to the Constitution of the 
United States, which, when ratified by three-fourths of 
the legislatures of the several states, shall be valid to all 
intents and purposes, as part of the said Constitution, to 
wit : 

The ten first of the preceding amendments were pro- 
posed at the first session of the first Congress, of the 
United States, 25 September, 1789, and were finally 
ratified by the constitutional number of States, on the 15th 
day of December, 1791. The eleventh amendment was 
proposed at the first session of the third Congress, 5 March, 
1794, and was declared in a message from the Presi- 
dent of the United States to both houses of Congress, 
dated 8th January, 1798, to have been adopted by the 
constitutional number of States. The twelfth amendment 
w^as proposed at the first session of the eighth Congress, 
12 December, 1803, and was adopted by the constitu- 
tional number of States in 1804, according to a public 
notice thereof by the Secretary of State, dated 25th Sep- 
tember, of the same year. 



DESIGN OF THE ANALYSIS. 



1. Every substantive matter, or point, contained in each article, 
section, or clause, embracing every subject, name and definition 
in the Constitution, has been arranged in alphabetical order. The 
entire clause in which each word so arranged occurs, being given. 

2. All similar words, names, or terms used in the Constitution 
being thus brought together, saves the time and trouble of reading 
over that instrument in search of supposed terms or provisions, 
which, if they cannot be found in this Alphabetical Analysis, will 
not be found in the Constitution. Under the head of each branch 
of the Government, as Congress, Senate, House of Representatives, 
Executive or President, Judiciary, &c., will be found every power, 
duty, privilege, and restriction belonging to each, and joint or con- 
current power with the other branches. In like manner, all provi- 
sions, regarding States, legislatures, persons, people, citizens, 
powers, offices, laws, elections, army, militia, navy, and every 
other subject contained in the Constitution, will all respectively, 
be found under one head. 

3. By this arrangement the entire instrument is resolved into its 
elements, while all clauses containing like terms or provisions are 
drawn together in close contact, by the strictly alphabetical posi- 
tion of the similar terms or words in each, which proximity brings 
the whole into one view, to be seen at a glance, and being thus 
presented to the mind at once, the connection is more easily im- 
pressed upon and retained in the memory. 



37 



38 



ANALYSIS. 



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57 






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D 



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59 



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O >-< GO 00 <M 



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73 



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t— 1 


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91 






in CO CO o 

C<f (>J CQ 



Cl 



CO XI Tj< CO 'Xi ^ t^ 



00 t-< 



B a 



a 
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I I 



CO 



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CO 



<D 1—1 

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CC 

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fe 05 05 O CO -G o 

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n3 



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«£l M ^ CO 

OJ crj CO O 

rH Tj< ,-1 — t 



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r^ 


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1— 1 




M 


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bd 



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03 m 03 cS 03 -^S s 
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93 



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CO 






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CO ■-• 

r^ .-I 

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O ro oj 03 o 



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13 



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ANALYSIS. 



95 



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CO 



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123 



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CM 

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CHAPTER 2. 

The Confederation having g-iven place to the American Union, 
under the Constitution of the United States, it was considered un- 
necessary to insert, in the first and second editions of this book, the 
Articles of Confederation, which were agreed to by the Delegates 
of the thirteen Original States, in Congress assembled, on the 15th 
November, 1777; ratified by eight States, on the 9th July, 1778; 
and finally ratified by all the States, on the 1st March, 1781 ; 
but on further consideration, those articles have been inserted at page 
471, merely as matter of history, as it were out of place to mingle 
that inefficient form of government with the present approved 
and successful system, which has stood the test of more than half 
a century, and which is destined, under Divine Providence, not 
only to perpetuate the happiness and safety of the people 
of the United States, but to be the Great Exemplar of Nations, 
w^hen governments shall, by the natural and just power of man, be 
brought to their legitimate purposes and uses — to establish justice, 
insure domestic tranquillity, provide for the common defence, pro- 
mote the general welfare, and secure the blessings of liberty to the 
people. 

The matter contained in this chapter exhibits the deplorable con- 
dition of the finances and credit of the government under the old 
form, and the incompetency of the Congress of the Confederation 
to raise a revenue, support the public credit, regulate trade or com- 
merce, or to provide for the wants and safety of the country ; and 
it is intended thereby to show the immediate and prominent causes 
that led to the abandonment of that inefficient form, and the adop- 
tion of the present system of government ; and, also, to show the 
official proceedings by which the change was effected and the pre- 
sent Constitution established. 

These facts and prbceedings may prove a warning against the 

treasonable suggestions of the evil spirit, whose insidious and 

alluring temptations are, not unfrequently, directed towards tho 

15 1?9 



130 

most ardent and honest citizens, whose zeal in the defence of the 
supposed interests of a part of the Union might induce them even 
to go so far as to calculate the value of the Union itself, and of the 
Constitution. By exhibiting the impotency of the measures adopted 
by the Old Confederation to provide for the w^ants and to secure 
the independence and safety of the people, the perusal of these 
proceedings will induce a due appreciation of the value of our 
inestimable Union, so firmly bound together by the conservative 
and protective principles of our noble Constitution, and will banish 
from the mind the least idea of a disorganizing tendency, or of 
relapsing into the enfeebled condition of the General Government 
before the adoption of the Constitution. The danger of extracting 
from the edifice one particle of the material which serves to sup- 
port its magnificent superstructure, is here practically made mani- 
fest, and every true-hearted American citizen will firmly resolve, 
with heart and hand, and sleepless vigilance, to guard the Union, 
fortified by the Constitution, as the citadel of our liberties — the 
object of our greatest care, and the consummation of our earthly 
hope. 



OFFICIAL PROCEEDINGS, AND THE CAUSES WHICH 
LED TO THE ADOPTION AND RATIFICATION OF THE 
CONSTITUTION OF THE UNITED STATES. 

It was early discovered by the patriots and statesmen of the Revolu- 
tion, that a bond of union, to connect the powers and means of the colo- 
nies for the common defence, was a measure of absolute necessity ; and 
hence the assemblage of a number of delegates, chosen and appointed 
by the several colonies and provinces in North America, to meet and 
hold a Congress in Philadelphia, at the Carpenter's Hall, on Monday, 
me 5th September, 1774. This Congress continued to act under the 
powers separately conferred upon the delegates by the respective colo- 
nies, until the time arrived when, from their patriotic ardor, the delicacy 
of their position, and the force of circumstances, a total separation from 
the mother country became necessary, and they were obliged to assume 
a noble stand among the nations of the earth. Simultaneously with and 
consequent upon the Declaration of Independence, a provision for an 



131 

adequate national government became so manifestly indispensable, that, 
on the 11th June, 1776, it was resolved that a committee be appointed 
to prepare and digest the form of a confederation to be entered into be- 
tween the colonies. After due deliberation, the Articles of Confedera- 
tion were agreed to, in Congress, on 15th November, 1777, subject to 
the ratification of the several States. The ratification by eight States 
was announced on the 9th July, 1778 ; but many objections were urged 
to these articles, and so reluctantly did some of the States part with a 
portion of their powers, that it was not until the 1st March, 1781, that 
these articles were fully ratified ; and no sooner were they ratified than 
(indeed before their final ratification) it was found that the powers con- 
ferred by them upon Congress were totally inadequate to the indispen- 
sable purposes of a national government. The defects first became ap- 
parent in the want of the necessary means of raising a revenue, and 
next in the absence of power to regulate or control the foreign trade and 
commerce of the country; and on the 3d February, 1781, a member 
from New Jersey moved a recommendation to the States that Congress 
be vested with additional powers to provide means for paying the public 
debt, and prosecuting the existing war, by laying duties on imports and 
prize goods. One of the States having refused to comply with this re- 
commendation, the subject was referred to a committee, by whom the 
following report was made : 

1. IN THE CONGRESS OF THE CONFEDERATION. 

Monday, December 16, 1782. 

The committee, consisting of Mr. Hamilton, Mr. Madison, and Mr. 
Fitzsimmons, to whom was referred the letter of 30th November, from 
the honorable William Bradford, speaker of the low^er house of Assem- 
bly of the State of Rhode Island, containing, under three heads, the 
reasons of that State for refusing their compliance with the recommenda- 
tion of Congress for a duty on imports and prize goods ; report, 

That they flatter themselves the State, on a reconsideration of the 
objections they have offered, with a candid attention to the arguments 
which stand in opposition to them, will be induced to retract their dis- 
sent, convinced that the measure is supported on the most solid grounds 
of equal justice, policy, and general utility. The following observa- 
tions, contrasted with each head of the objections, successively, will 
furnish a satisfactory answer to the whole. 

First objection. "That the proposed duty would be unequal in its 
operation, bearing hardest upon the most commercial States, and so 



132 

would press peculiarly hard upon that State which draws its chief sup- 
port from commerce." 

The most common experience, joined to the concurrent opinions of 
the ablest commercial and political observers, have established beyond 
controversy this general principle, " that every duty on imports is incor- 
porated with the price of the commodity, and ultimately paid by the 
consumer, with a profit on the duty itself, as a compensation to the mer- 
chant for the advance of his money.' ' 

The merchant considers the duty demanded by the State on the im- 
ported article, in the same light with freight, or any similar charge, and, 
adding it to the original cost, calculates his profit on the aggregate sum. 
It may happen that at particular conjunctures, where the markets are 
overstocked, and there is a competition among the sellers, this may not 
be practicable ; but in the general course of trade the demand for con- 
sumption preponderates, and the merchant can with ease indemnify him- 
self, and even obtain a profit on the advance. As a consumer, he pays 
his share of the duty ; but it is no further a burden upon him. The con- 
sequence of the principle laid down is, that every class of the commu- 
nity bears its share of the duty in proportion to its consumption, which 
last is regulated by the comparative wealth of the respective classes, in 
conjunction with their habits of expense or frugality. The rich and 
luxurious pay in proportion to their riches and luxury ; the poor and par- 
simonious, in proportion to their poverty and parsimony. A chief excel- 
lence of this mode of revenue is, that it preserves a just measure to the 
abilities of individuals, promotes frugality, and taxes extravagance. The 
same reasoning in our situation applies to the intercourse between two 
States ; if one imports and the other does not, the latter must be sup- 
plied by the former. The duty, being transferred to the price of the 
commodity, is no more a charge on the importing State for what is con- 
sumed in the other, than it is a charge on the merchant for what is con- 
sumed by the farmer or artificer. Either State will only feel the burden 
in a ratio to its consumption, and this will be in a ratio to its population 
and wealth. What happens between the different classes of the same 
community, internally, happens between the two States; and as the 
merchant, in the first case, so far from losing the duty himself, has a 
profit on the money he advances for that purpose, so the importing 
State, which, in the second case, is the merchant with respect to the 
other, is not only reimbursed by the non-importing State, but has a like 
benefit on the duty advanced. It is, therefore, the reverse of a just po- 
sition, that the duty proposed will bear hardest on the most commercial 
States : it will, if any thing, have a contrary effect, though not in a suf- 



133 

ficient degree to justify an objection on the part of the non-importing 
States ; for it is as reasonable they should allow an advance on the duty 
paid as on the first cost, freight, or any incidental charge. They have 
also other advantages in the measure fully equivalent to this disadvan- 
tage. Over-nice and minute calculations in matters of this nature are 
inconsistent with national measures, and, in the imperfect state of hu- 
man affairs, would stagnate all the operations of government. Absolute 
equality is not to be obtained : to aim at it, is pursuing a shadow at the 
expense of the substance, and, in the event, we should find ourselves 
■wider of the mark than if, in the first instance, we were content to ap- 
proach it with moderation. 

Second objection. "That the recommendation proposes to introduce 
into that and the other States officers unknown and unaccountable to 
them, and so is against the constitution of the State." 

It is not to be presumed that the constitution of any State could mean 
to define and fix the precise numbers and descriptions of all officers to 
be permitted in the State, excluding the creation of any new ones, what- 
ever might be the necessity derived from that variety of circumstances 
incident to all political institutions. The legislature must always have 
a discretionary power of appointing officers not expressly known to the 
constitution, and this power will include that of authorizing the federal 
government to make the appointments, in cases where the general wel- 
fare may require it. The denial of this would prove too much ; to wit, 
that the power given by the Confederation to Congress to appoint all 
officers in the post-office was illegal and unconstitutional. 

The doctrine advanced by Rhode Island would perhaps prove, also, 
that the Federal Government ought to have the appointment of no inter- 
nal officers whatever — a position that would defeat all the provisions of 
the Confederation, and all the purposes of the Union. The truth is,, 
that no federal constitution can exist without powers that in their exer- 
cise affect the internal police of the component members. It is equally 
true, that no government can exist without a right to appoint officers for 
those purposes which proceed from and concentre in itself; and there- 
fore the Confederation has expressly declared that Congress shall have 
authority to appoint all such "civil officers as may be necessary for 
managing the general affairs of the United States under their direc- 
tion." All that can be required is, that the Federal Government 
confine its appointments to such as it is empowered to make by the 
original act of union, or by the subsequent consent of the parties ; un- 
less there should be express words of exclusion in the constitution of a 

15* 



134 

State, there can be no reason to doubt that it is within the compass ot 
legislative discretion to communicate that authority. 

The propriety of doing it upon the present occasion is founded on sub- 
stantial reasons. 

The measure proposed is a measure of necessity. Repeated experi- 
ments have shown that the jrevenues to be raised within these States is 
altogether inadequate to the public wants. The deficiency can only be 
supplied by loans. Our applications to the foreign powers on whose 
friendship we depend have had a success far short of our necessities. 
The next resource is, to borrow from individuals. These will neither be 
actuated by generosity nor reasons of state. 'Tis to their interest alone 
we must appeal. To conciliate this, we must not only stipulate a 
proper compensation for what they lend, but we must give security for 
the performance. We must pledge an ascertained fund, simple and pro- 
ductive in its nature, general in its principle, and at the disposal of a 
single will. There can be little confidence in a security under the con- 
stant revisal of thirteen different deliberatives. It must, once for all, be 
defined and established on the faith of the States, solemnly pledged to 
each other, and not revocable by any without a breach of the general 
compact. 

'Tis by such expedients that nations whose resources are understood, 
whose reputations and governments are erected on the foundation of 
ages, are enabled to obtain a solid and extensive credit. Would it be 
reasonable in us to hope for more easy terms, who have so recently 
assumed our rank among the nations ? Is it not to be expected that in- 
dividuals will be cautious in lending their money to a people in our cii-- 
cumstances, and that they will at least require the best security we can 
give ? 

We have an enemy vigilant, intriguing, well acquainted with our de- 
fects and embarrassments. We may expect that he will make every 
effort to instil diffidences into individuals ; and, in the present posture 
of our internal affairs, he will have too plausible ground on which to 
tread. Our necessities have obliged us to embrace measures with re- 
spect to our public credit calculated to inspire distrust. The preposses- 
sions on this article must naturally be against us, and it is therefore in- 
dispensable we should endeavor to remove them, by such means as will 
be the most obvious and striking. 

It was with these views Congress determined on a general fund ; and 
the one they have recommended must, upon a thorough examination, 
appear to have fewer inconveniences than any other. 

It has been remarked, as an essential part of the plan, that the fund 



135 

should depend on a single will. This will not be the case unless the 
collection, as well as the appropriation, is under the control of the United 
States ; for it is evident that, after the duty is agreed upon, it may, in a 
great measure, be defeated by an ineffectual mode of levying it. The 
United States have a common interest in an uniform and equally ener- 
getic collection; and not only policy, but justice to all the parts of the 
Union, designates the utility of lodging the power of making it where 
the interest is common. Without this it might in reality operate as a 
very unequal tax. 

Third objection. " That by granting to Congress a power to collect 
moneys from the commerce of these States, indefinitely as to time and 
quantity, and for the expenditure of which they would not be account- 
able to the States, they would become independent of their constituents, 
and so the proposed impost is repugnant to the liberty of the United 
States." 

Admitting the principle of this objection to be true, stiil it ought to 
have no weight in the present case, because there is no analogy between 
the principle and the fact. . 

First. The fund proposed is sufficiently definite as to time, because it 
is only co-extensive with the existence of the debt contracted and to be 
contracted in the course of the war. Congress are persuaded that it is 
as remote from the intention of their constituents to perpetuate that 
debt, as to extinguish it at once by a faithless neglect of providing the 
means to fulfil the public engagements. Their ability to discharge it in 
a moderate time can as little be doubted as their inclination; and the 
moment that debt ceases, the duty, so far as respects the present pro- 
vision, ceases with it. 

The resolution recommending the duty specifies the object of it to be 
the discharge of the principal and interest of the debts already contracted, 
or which may be contracted, on the faith of the United States for sup- 
porting the present war. 

Secondly. The rate per cent, is fixed, and it is not at the option of the 
United States to increase it. Though the product will vary according 
to the variations in trade, yet, as there is this limitation of the rale, it 
cannot be properly said to be indefinite as to quantity. 

By the Confederation, Congress have an absolute discretion in deter- 
mining the quantum of revenue requisite for the national expenditure. 
When this is done, nothing remains for the States, separately, but the 
mode of raising. No State can dispute the obligation to pay the sum 
demanded, without a breach of the Confederation ; and when the money 
comes into the treasury, the appropriation is the exclusive province of 



136 

the Federal Government. This provision of the Confederation (without 
which It would be an empty form) comprehends in it the principle, in its 
fullest latitude, which the objection under consideration treats as repug- 
nant to the liberty of the United States^ — to wit, an indefinite power of 
prescribing the quantity of money to be raised, and of appropriating it 
when raised. 

If it be said that the States, individually, having the collection in their 
own hands, may refuse a compliance with exorbitant demands, the Con- 
federation will answer that this is a point of which they have no consti- 
tutional liberty to judge. Such a refusal would be an exertion of power, 
not of right ; and the same power which could disregard a requisition 
made on the authority of the Confederation, might at any time arrest 
the collection of the duty. 

The same kind of responsibility which exists with respect to the ex- 
penditure of the money furnished in the forms hitherto practised, would 
be equally applicable to the revenue from the imports. 

The truth is, the security intended to the general liberty in the Con- 
federation consists in the frequent election and in the rotation of the 
members of Congress, by which there is a constant and an effectual 
check upon them. This is the security which the people in every State 
enjoy against the usurpations of their internal governments, and it is the 
true source of security in a representative republic. The Government, 
so constituted, ought to have the means necessary to answer the end of 
its institution. By weakening its hands too much, it may be rendered 
incapable of providing for the interior harmony or the exterior defence 
of the State. 

The measure in question, if not within the letter, is within the spirit, 
of the Confederation. Congress, by that, are empowered to borrow 
money for the use of the United States, and, by implication, to concert 
the means necessary to accomplish the end. But, without insisting upon 
this argument, if the Confederation has not made proper provision for 
the exigencies of the States, it will be at all times the duty of Congress 
to suggest further provisions ; and, when their proposals are submitted 
to the unanimous consent of the States, they can never be charged wuh 
exceeding the bounds of their trust. Such a consent is the basis and 
sanction of the Confederation, which expressly, in the 13th article, em- 
powers Congress to agree to and propose such additional provisions. 

The remarks hitherto made have had reference principally to the fu- 
ture prosecution of the war. There still remains an interesting light in 
which the subject ought to be viewed. 

'i he United States have already contracted a debt in Europe, and in 



137 

this country, for which their faith is pledged. The capital of this debt 
can only be discharged by degrees ; but a fund for this purpose, and for 
paying the interest annually, on every principle of policy and justice, 
ought to bej^rovided. The omission will be the deepest ingratitude and 
cruelty to a large number of meritorious individuals, who, in the most 
critical periods of the war, have adventured their fortunes in support of 
our independence. It would stamp the national character with indelible 
disgrace. 

An annual provision for the purpose will be too precarious. If its con- 
tinuance and application were certain, it would not afford complete re- 
lief. With many, the regular payment of interest, by occasional grants, 
would suffice ; but with many more it would not. These want the use 
of the principal itself, and they have a right to it ; but, since it is not in 
our power to pay off the principal, the next expedient is to fund the debt 
and render the evidences of it negotiable. 

Besides the advantage to individuals from this arrangement, the active 
stock of the nation would be increased by the whole amount of the do- 
mestic debt, and of course the abilities of the community to contribute 
to the public wants ; the national credit would revive and stand hereafter 
on a secure basis. 

This was another object of the proposed duty. 

If it be conceded that a similar fund is necessary, it can hardly be dis- 
puted that the one recommended is the most eligible. It has been 
already shown that it affects all parts of the community in proportion to 
their consumption, and has therefore the best pretensions to equality. It 
is the most agreeable tax to the people that can be imposed, because it 
is paid insensibly, and seems to be voluntary. 

It may perhaps be imagined that it is unfavorable to commerce ; but 
the contrary can easily be demonstrated. It has been seen that it does 
not diminish the profit of the merchant, and, of course, can be no dimi- 
nution of his inducements to trade. It is too moderate in its amount to 
discourage the consumption of imported goods, and cannot on that ac- 
count abridge the extent of importations. If it even had this effect, it 
would be an advantage to commerce, by lessening the proportion of our 
imports to our exports, and inclining the balance in favor of this 
country. 

The principal thmg to be consulted for the advancement of commerce 
is to promote exports. All impediments to these, either by way of pro- 
hibition or by increasing the prices of native commodities, decreasing by 
that means their sale and consumption at foreign markets, are injurious. 
Duties on exports have this operation. For the same reason, taxes on 

M 



138 

possessions and the articles of our own growth or manufacture, whether 
in the form of a land tax, excise, or any other, are more hurtful to trade 
than impost duties. The tendency of all such taxes is to increase the 
prices of those articles which are the objects of exportation, and to ena- 
ble others to undersell us abroad. The farmer, if he pays a heavy land 
tax, must endeavor to get more for the products of his farm : the me- 
chanic and laborer, if they find the necessaries of life grow dearer by an 
excise, must endeavor to exact higher wages ; and these causes will pro- 
duce an increase of prices within, and operate against foreign com- 
merce. 

It is not, however, to be inferred that the whole revenue ought to be 
drawn from imports : all extremes are to be rejected. The chief thing 
to be attended to is, that the weight of the taxes fall not too heavily, in 
the first instance, upon particular parts of the community. A judicious 
distribution to all kinds of taxable property is a first principle in taxa- 
tion. The tendency of these observations is only to show that taxes on 
possessions — on articles of our own growth and manufacture — are more 
prejudicial to trade than duties on imports. 

The observations which conclude the letter on which these remarks 
are made, naturally lead to reflections that deserve the serious attention 
of every member of the Union. There is a happy mean between too 
much confidence and excessive jealousy, in which the health and pros- 
perity of a State consist. Either extreme is a dangerous vice : the first 
is a temptation to men in power to arrogate more than they have a right 
to ; the latter enervates government, prevents system in the administra- 
tion, defeats the most salutary measmes, breeds confusion in the State, 
disgusts and discontents among the people, and may eventually prove as 
fatal to liberty as, the opposite temper. 

It is certainly pernicious to leave any government in a situation of re- 
sponsibility disproportioned to its power. 

The conduct of the war is intrusted to Congress, and the public ex- 
pectation turned- upon them, without any competent means at their com- 
mand to satisfy the important trus.. After the most full and solemn 
deliberation, under a collective view of all the public difficulties, they 
recommend a measure which appears to them the corner-stone of the 
public safety : they see this measure suspended for near two years ; par- 
tially complied with by some of the States ; rejected by one of them, 
and in danger on that account to be frustrated ; the public embarrass- 
ments every day increasing; the dissatisfaction of the army growing 
more serious; the other creditors of the public clamoring for justice ; 
both irritated by the delay of measures for their present relief or future 



139 

security ; the hopes of our enemies encouraged to protract the war ; the 
zeal of our friends depressed by an appearance of remissness and want 
of exertion on our part ; Congress harassed; the national character suf- 
fering, and the national safety at the mercy of events. 

This state of things cannot but be extremely painful to Congress, and 
appear to your committee to make it their duty to be urgent to obviate 
the evils with which it is pregnant. 

Resolved, That Congress agree to the said report. 

2. IN THE CONGRESS OF THE CONFEDERATION. 

Friday, April 18, 1783. 

Resolutions were passed recommending to the several States to invest 
the Congress with certain specified powers for raising revenue to restore 
and maintain the public credit, &c. These resolutions were transmitted 
to the several States, with an address, prepared by a committee consist- 
ing of Mr. Madison, Mr. Ellsworth, and Mr. Hamilton, and adopted by 
Congress on the 26th April, 1783. The resolutions, as well as the ad- 
dress, consist, for the rhost part, of propositions and recommendations 
concerning the fiscal measures necessary to be adopted ; from the latter, 
however, it is considered proper to make the following extracts : 

" The plan thus communicated and explained by Congress must now 
receive its fate from their constituents. All the objects comprised in it are 
conceived to be of great importance to the happiness of this confederated 
republic, are necessary to render the fruits of the Revolution a full re- 
ward for the blood, the toils, the cares, and the calamities which have 
purchased it. But the object of which the necessity will be peculiarly 
felt, and which it is peculiarly the duty of Congress to inculcate, is the 
provision recommended for the national debt. Although this debt is 
greater than could have been wished, it is still less on the whole than 
could have been expected, and, when referred to the cause in which it 
has been incurred, and compared with the burdens which wars of ambi- 
tion and of yain-glory have entailed on other nations, ought to be borne, 
not only with cheerfulness, but with pride. But the magnitude of the 
debt makes no part of the question. It is sufficient that the debt has 
been fairly contracted, and that justice and good faith demand that it 
should be fully discharged. Congress had no option but between dif- 
ferent modes of discharging it. The same option is the only one that 
can exist with the States. The mode which has, after long and elabo- 
rate discussion, been preferred, is, we are persuaded, the least objection- 
able of any that would have been equal to the purpose. Under this per^ 



140 

suasion, we call upon the justice and plighted faith of the several States, 
to give it its proper effect, to reflect on the consequences of rejecting it, 
and to remember that Congress will not be answerable for them. 

"Let it be remembered, finally, that it has ever been the pride and 
boast of America that the rights for which she contended were the rights 
of human nature. By the blessings of the Author of these rights on 
the means exerted for their defence, they have prevailed against all op- 
position, and form the basis of thirteen independent States. No instance 
has heretofore occurred, nor can any instance be expected hereafter to 
occur, in which the unadulterated forms of republican government can 
pretend to so fair an opportunity of justifying themselves by their fruits. 
In this view, the citizens of the United States are responsible for the 
greatest trust ever confided to a political society. If justice, good faith, 
honor, gratitude, and all the other qualities which ennoble the character 
of a nation, and fulfil the ends of government, be the fruits of our esta- 
blishments, the cause of liberty will acquire a dignity and lustre which it 
has never yet enjoyed, -and an example will be set which cannot but 
have the most favorable influence on the rights of mankind. If, on the 
other side, our governments should be unfortunately blotted w^ith the re- 
verse of these cardinal and essential virtues, the great cause which we 
have engaged to, vindicate will be dishonored and betrayed, the last and 
fairest experiment in favor of the rights of human nature will be turned 
against them, and their patrons and friends exposed to be insulted and 
silenced by the votaries of tyranny and usurpation. 

" By order of the United States in Congress assembled." 

3. IN THE CONGRESS OF THE CONFEDERATION. 

Wednesday, April 30, 1784. 

Congress assembled. . Present : New Hampshire, Massachusetts, 
Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, 
Maryland, Virginia, North Carolina, and South Carolina. 

Congress took into consideration the report' of a committee, consisting 
of Mr. Gerry, Mr. Reed, Mr. Williamson, Mr. Chase, and Mr. JefFer- 
son, to whom were referred sundry letters and papers relative to com- 
mercial matters ; and the same, being amended, was agreed to as 
follows : 

"The trust reposed in Congress renders it their duty to be attentive to 
Ihe conduct of foreign nations, and to prevent or restrain, as far as may 
be, all such proceedings as might prove injurious to the United States. 
The situation of commerce at this time claims the attention of the seve- 



141 

ral States ; and few objects of greater importance can present them- 
selves to their notice. The fortune of every citizen is interested in the 
success thereof, for it is the constant source of weahli and incentive to 
industry ; and the value of our produce and our land must ever rise or 
fall in proportion to the prosperous or adverse state of trade. 

"Already has Great Britain adopted regulations destructive of our com- 
merce with her West India Islands. There was reason to expect that 
measures so unequal and so little calculated to promote mercantile inter- 
course, would not be persevered in by an enlightened nation. But these 
measures are growing into system. It would be the duty of Congress, 
as it is their wish, to meet the attempts of Great Britain with similar 
restrictions on her commerce ; but their powers on this head are not ex- 
plicit, and the propositions made by the legislatures of the several States 
render it necessary to take the general sense of the Union on this 
subject. 

" Unless the United States in Congress assembled shall be vested with 
powers competent to the protection of commerce, they can never com- 
mand reciprocal advantages in trade ; and, without these, our foreign 
commerce must decline, and eventually be annihilated. Hence it is ne- 
cessary that the States should be explicit, and fix on some effectual 
mode by which foreign commerce not founded on principles of equality 
may be restrained. 

" That the United States may be enabled to secure such terms, they 
have 

'■^Resolved, That it be, and it hereby is, recommended to the legisla- 
tures of the several States to vest the United States in Congress assem- 
bled, for the term of fifteen years, with power to prohibit any goods, 
wares, or merchandise, from being imported into or exported from any 
of the States, in vessels belonging to or navigated by the subjects of any 
power with whom these States shall not have formed treaties of com- 
merce. 

^'Resolved, That it be, and it hereby is, recommended to the legisla- 
tures of the several States to vest the United States in Congress assem- 
bled, for the term of fifteen years, with the power of prohibiting the sub- 
jects of any foreign state, kingdom, or empire, unless authorized by 
treaty, from importing into the United States any goods, wares, or mer 
chandise, which are not the produce or manufacture of the dominions ot 
the sovereign whose subjects they are. 

" Provided, That to all acts of the United States in Congress assem- 
bled, in pursuance of the above powers, the assent of nine States shai; 

oe necessary." 

16 



142 

4. IN THE CONGRESS OF THE CONFEDERATION. 

Wednesday, July 13, 1785. 

Congress took into consideration the report of a committee, consisting 
of Mr. Monroe, Mr. Spaight, Mr. Houstomi, Mr. Johnson, and Mr. 
King, on a motion of Mr. Monroe, for vesting the United States in Con- 
gress assembled with the power of regulating trade ; and, the same 
beitig read, 

Ordered, That it be referred to a committee of the whole. 

Congress was then resolved into a committee of the whole. 

Mr. Holten was elected to the chair. 

The President resumed the chair ; and Mr. Holten reported that the 
committee of the whole have had under consideration the subject re- 
ferred to them, but, not having come to a conclusion, desire leave to sit 
again to-morrow. 

Besolved, That leave be granted. 

[The following is the report referred to. It was afterw^ards farther considered ; 
but Congress did not come to any final determination with respect to the consti- 
tutional alteration which it proposed. It was deemed most a,dvisable, at the 
time, that any proposition for perfecting the act of confederation should originate 
witl.the State legislatures.] 

The committee, consisting of Mr. Monroe, Mr. Spaight, Mr. Hous- 
toun, Mr. Johnson, and Mr. King, to whom was referred the motion of 
Mr. Monroe, submit the following report : 

That the first paragraph of the ninth of the Articles of Confederation 
be altered, so as to read thus, viz : 

"The United States in Congress assembled shall have the sole and 
exclusive right and power of determining on peace and war, except in 
the cases mentioned in the sixth article — of sending and receiving em- 
bassadors — entering into treaties and alliances — of regulating the trade 
of the States, as well with foreign nations as with each other, and of 
laying such impost and duties upon imports and exports as may be ne- 
cessary for the purpose ; provided, that the citizens of the States shall 
in no case be subjected to pay higher imposts and duties than those im- 
posed on the subjects of foreign powers ; provided, also, that the legis- 
lative power of the several States shall not be restrained from prohibit- 
ing the importation or exportation of any species of goods or commodi- 
ties whatsoever; provided, also, that all such duties as may be imposed 
shall be collected under the authority, and accrue to the use, of the 
State in which the same shall be payable; and provided, lastly, that 
every act of Congress for the above purpose shall have the assent ol 



143 

nine States in Congress assembled — of establishing rules for deciding in 
all cases what captures on land or water shall be- legal, and in what 
manner prizes taken bj^ land or naval forces in the service of the United 
States shall be divided or appropriated — of granting letters of marque 
and reprisal in time of peace — appointing courts for the trial of piracies 
and felonies committed on the high seas, and estabhshing courts for re- 
ceiving and determining finally appeals in all cases of captures ; providea 
that no member of Congress shall be appointed judge of any of the said 
courts." 

That the following letter be addressed to the legislature of the several 
States, showing the principles on which the above alteration is pro- 
posed : 

The United States having formed treaties of commerce with the most 
Christian king the King of Sweden, and the states-general of the United 
Netherlands ; and having appointed ministers with full authority to enter 
into treaties with other powers, upon such principles of reciprocity as 
may promote their peace, harmony, and respective interests, — it be- 
comes necessary that such internal arrangements should be made as may 
strictly comport with the faith of those treaties, and insure success to 
their future negotiations. But, in the pursuit of the means necessary 
for the attainment of these ends, considerable difficulties arise. If tne 
legislature of each State adopts its own measures, many and very emi- 
nent disadvantages must, in their opinion, necessarily result therefrom. 
They apprehend it will be difficult for thirteen different legislatures, act- 
ing separately and distinctly, to agree in the same interpretation of a 
treaty, to take the same measures for carrying it into effect, and to con- 
duct their several operations upon such principles as to satisfy those 
powers, and at the same time preserve the harmony and interests of the 
Union, or to concur in those measures which may be necessary to coun- 
teract the policy of those powers with whom they shall not be able to 
form commercial treaties, and who avoid it merely from an opinion of 
their imbecility and indecision. And if the several States levy different 
duties upon their particular produce exported to the ports of those 
powers, or upon the produce and manufactures of those powers imported 
into each State, either in vessels navigated by and belonging to the citi- 
zens of these States or the subjects of those powers, it will, they appre- 
hend, induce on their part similar discriminations in the duties upon the 
commercial intercourse with each State, and thereby defeat the object 
of those treaties, and promote the designs of those who wish to profit 
from their embarrassment. Unless the United States in Congress as- 
sembled are authorized to make those arrangements which become ne 



144 

cessary under their, treaties, and are enabled to carry them into effect, 
they cannot complain of a violation of them on the part of other powers. 
And unless they act in concert in the system of policy which may be 
necessary to frustrate the designs of those powers who lay injurious re- 
straints on their trade, they must necessarily become the victims of 
their own indiscretion. 

The common principle upon which a friendly commercial intercourse is 
conducted between independent nations, is that of reciprocal advantages ; 
and if this is not obtained, it becomes the duty of the losing party to 
make such farther regulations, consistently with the faith of treaties, as 
will remedy the evil, and secure its interests. If, then, the commercial 
regulations of any foreign power contravene the interests of any particu- 
lar State. — if they refuse admittance to its produce into its ports upon the 
same terms that the State admits its manufactures here, — what course 
will it take to remedy the evil ? If it makes similar regulations to coun- 
teract those of that power, by reciprocating the disadvantages which it 
feels, by impost or otherwise, will it produce the desired effect? What 
operation will it have upon the neighboring States ? Will they enter 
into similar regulations, and make it a common cause? On the con- 
trary, will they not, in pursuit of the same local policy, avail themselves 
of this circumstance to turn it to their particular advantage ? Thus, 
then, we behold the several States taking separate measures in pursuit 
of their particular interests in opposition to the regulations of foreign 
powers, and separately aiding those powers to defeat the regulations of 
each other ; for, unless the States act together, there is no plan of policy 
into which they can separately enter, which they will not be separately 
interested to defeat, and of course all their measures must prove vain 
and abortive. 

The policy of each nation, in its commercial intercourse with other 
powers, is to obtain, if possible, the principal share of the carriage of 
the materials of either party ; and this can only be effected by laying 
higher duties upon imports and exports in foreign vessels, navigated by 
the subjects of foreign powers, than in those which belong to and are 
navigated by those of its own dominions. This principle prevails, in a 
greater or less degree, in the regulations of the oldest and wisest com- 
mercial nations, with respect to each other, and will, of course, be ex- 
tended to these States. Unless, therefore, they possess a reciprocal 
power, its operation must produce the most mischievous effects. Unable 
to counteract the restrictions of those powers by similar restrictions 
here, or to support the interests of their citizens by discriminations in 
their favor, their system will prevail. Possessing no advantages ir ^h§ 



145 

ports of his own country, and subjected to much higher duties and re- 
strictions in those of other powers, it will necessarily become the interest 
of the American merchant to ship his produce in foreign bottoms : of 
course their prospects of national consequence must decline, their mer- 
chants become only the agents and retailers of those foreign powers, 
their extensive forests be hewn down and laid waste to add to their 
strength and national resources, and the American flag be rarely seen 
upon the face of the seas. 

But if they act as a nation, the prospect is more favorable to them. 
The particular interests of every State will then be brought forward, 
and receive a federal support. Happily for them, no measures can be 
taken to promote the interests of either which will not equally promote 
that of .the whole. If their commerce is laid under injurious restrictions 
in foreign ports, by going hand in hand in confidence together, by wise 
and equitable regulations, they will the more easily sustain the inconve- 
nience or remedy the evil. If they wish to cement the Union by the 
strongest ties of interest and affection ; if they wish to promote its 
strength and grandeur, founded upon that of each individual State,— 
every consideration of local as well as of federal policy urge them to 
adopt the following recommendation.* 

The situation of the commercial affairs of the Union requires that the 
several legislatures should come to the earliest decision on the subject, 
which they now submit to their consideration. They have weighed it 
with that profound attention which is due to so important an object, and 
are fully convinced of its expedience. A further delay must be produc- 
tive of inconvenience. The interests which will vest in every part of 
the Union must soon take root and have their influence. The produce 
raised upon the banks of those great rivers and lakes which have their 
sources high up in the interior parts of the continent will empty itself 
into the Atlantic in different directions ; and, of course, as the States 
rearing to the westward attain maturity, and get admission mto the Con- 
federation, will their government become more complicated. Whether 
this will be a source of strength and wealth to the Union, must, there- 
fore, in a great degree, depend upon the measures which may be now 
adopted. 

A temporary power would not, in their opinion, enable the United 
States to establish the interests, nor attain the salutary object, which 
they propose : the expectation that it will revert to the States, and re- 
main with them for the future, would lessen its weight with foreig)i 

♦Alluding to the alteration proposed. See p. 142. 
16* 



146 

powers ; and, while the interests of each State and of the Federal Gov- 
ernment continue to be the same, the same evils will always require the 
same correction, and of course the necessary powers should always be 
lodged in the same hands. They have therefore thought proper to pro- 
pose an efficient and perpetual remedy. 

[The subject was afterwards brought forward in the House of Delegates of the 
Commonwealth of Virginia, by Mr. Madison, whose proposed resolution and the 
proceedings thereon follow these proceedings in Congress.] 

5. IN THE CONGRESS OF THE COI>rFEDERAT[ON. 
Wednesday, Februaky 15, 1786. 

Congress assembled. Present : New Hampshire, Massachusetts, 
Connecticut, New Jersey, Pennsylvania, Virginia, Maryland, and South 
Carolina. 

The committee, consisting of Mr. King, Mr. Pinckney, Mr. Kean, 
Mr. Monroe, and Mr. Pettit, to whom were referred several reports and 
documents concerning the system of general revenue, recommended by 
Congress on the 18th of April, 1783, report: 

"That, in pursuance of the above reference, they have carefully ex- 
amined the acts of the several States, relative to the general system of 
revenue recommended by Congress on the 18th of April, 1783, and find 
that the States of Delaware and North Carolina have passed acts in full 
conformity with the several parts thereof; the former of which States 
has inserted a proviso in their act, restraining the operation thereof until 
each of the other States shall have made a like and equally extensive 
grant; that the States of New Hampshire, Massachusetts, Connecticut, 
New Jersey, Virginia, and South Carolina, have each passed acts com- 
plying with that part of the system which recommends a general im- 
post, but have come to no decision on the other part, which proposes the 
establishment of funds, supplementary to and in aid of the general im- 
post ; that the State of Pennsylvania has passed an act complying with 
the recommendation of the general impost, and in the same act has de- 
clared that their proportion or quota of the supplementary funds shall be 
raised and levied on the persons and estates of the inhabitants of that 
State, in such manner as the legislature thereof shall from time to time 
direct ; with this proviso, that if any of the annual proportion of the 
supplementary funds shall be otherwise raised and paid to the United 
States, then such annual levy or tax shall be discontinued. The com- 
mittee conceive that this clause is rather an engagement that Pennsyl- 
vania will provide adequate supplementary funds, than an actual esta- 



147 

blishment thereof; nevertheless, the act contauis a proviso restraining 
its operation until each of the other States shall have passed laws in full 
conformity with the whole of the revenue system aforesaid. The com- 
mittee further find, that the State of Rhode Island has passed an act on 
this subject, but so different from the plan recommended, and so wholly 
insufficient, that it cannot be considered as a compliance with any part 
of the system submitted for their adoption; that the State of Maryland 
passed an act in 1782, and a supplement thereto in 1784, complying with 
the recommendation of Congress of the 3d of February, 1781, which re- 
commendation is not compatible with, and was relinquished by, the re- 
solves of Congress of the 18th of April,( 1783 ; but that neither the 
State of Maryland, New York, nor Georgia, has passed any act in pur- 
suance of the system of the 18th of April, 1783. 

"From this statement it appears that seven States — viz : New Hamp- 
shire, Massachusetts, .Connecticut, New Jersey, Virginia, North Caro- 
lina, and South Carolina — have granted the impost in such manner that, 
if the other six States had made similar grants, the plan of the general 
impost might immediately begin to operate ; that two other States— 
viz : Pennsylvania and Delaware — have also granted the impost, but 
have connected their grants with provisoes, which will suspend their ope- 
ration until all the other States shall have passed laws in full conformity 
wit*h the whole of the revenue system aforesaid ; that two only of these 
nine States — viz : Delaware and North Carolina — have fully acceded to 
that system in all its parts ; and that the four other States — viz : Rhode 
Island, New York, Maryland, and Georgia — have not decided in favor 
of any part of the system of revenue aforesaid, so long since and so re- 
peatedly presented by Congress for their adoption. 

"The committee have thought it their duty candidly to examine the 
principles of this system, and to discover, if possible, the reasons which 
have prevented its adoption. They cannot learn that any member of the 
Confederacy has stated or brought forward any objections against it; 
and the result of their impartial inquiries into the nature and operation 
of the plan, has been a clear and decided opinion that the system itself 
is more free from well-founded exceptions, and is better calculated to 
receive the approbation of the several States, than any other that the 
wisdom of Congress can devise. 

"In the course of this inquiry, it most clearly appeared that the re- 
quisitions of Congress,, for eight years past, have been so irregular in 
their operation, so uncertain in their collection, and so evidently unpro- 
ductive, that a reliance on them in future, as a source from whence moneys 



148 

are to be drawn to discharge the engagements of the Confederacy, defi- 
nite as they are in time and amount, would be not less dishonorable to 
the understandings of those who entertain such confidence, than it would 
be dangerous to the welfare and peace of the Union. The committee 
are therefore seriously impressed with the indispensable obligation that 
Congress are under of representing to the immediate and impartial con- 
sideration of the several States the utter impossibility of maintaining 
and preserving the faith of the Federal Government by temporary requi- 
sitions on the States, and the consequent necessity of an early and com- 
plete accession of all the States to the revenue system of the 18th of 
April, 1783. 

"Although, in a business of this magnitude and importance to the re- 
spective States, it was natural to expect a due degree of caution, and a 
thorough investigation of the system recommended, yet the committee 
caniiot forbear to remark that this plan has been under reference for 
neuily three years; that, during that period, numerous changes have 
taken place in the delegations of every State, but that this system has 
received the repeated approbation of each successive Congress, and that 
the urgency of the public engagements at this time renders it the un- 
questionable duty of the several States to adopt, without further delay, 
those measures which alone, in the judgment of the committee, can pre 
serve the sacred faith of the Confederacy." 

"Thus it is evident that the sum of 2,457,987 25-90ths dollars only 
was received in the space of more than four years, when the requisitions, 
in the most forcible manner, pressed on the States the payment of much 
larger sums, and for purposes of the -highest national importance. It 
should be here observed, that the receipts of the last fourteen months of 
the above period amount only to 432,897 81-90ths dollars, which is at 
the rate of 371,052 dollars per annum — a sum short of what is essentially 
necessary for the bare maintenance of the Federal Government on the 
most economical establishment, and in time of profound peace., 

" The committee observe, with great concern, that the security of the 
navigation and commerce of the citizens of these States from the Bar- 
bary powers, the protection of the frontier inhabitants from the savages, 
the immediate establishment of military magazines in different parts of 
the Union, rendered indispensable by the principles of public safety, the 
maintenance of the Federal Government at home, and the support of the 
public servants abroad, each and all, depend upon the contributions of 
the States under the annual requisitions of Congress. The moneys 
essentially necessary for these important objects will so far exceed the 
sums formerly collected from the States by taxes, that no hope can be 



149 

indulged of being able, from that source, to make any remittances for 
the discharge of foreign engagements. 

" Thus circumstanced, after the most solemn deliberation, and under 
the fullest conviction that the public embarrassments are such as above 
represented, and that they are daily increasing, the committee are of 
the opinion that it has become the duty of Congress to declare, most ex- 
plicitly, that the crisis has arrived when the people of these United States, 
by whose will and for whose benefit the Federal Government was insti- 
tuted, must decide whether they will support their rank as a nation, by 
maintaining the public faith at home and abroad, or whether, for want 
of a timely exertion in establishing a general revenue, and thereby giv- 
ing strength to the Confederacy, they will hazard not only the existence 
of the Union, but of those great and invaluable privileges for which they 
have so arduously and so honorably contended." 

Resolved, That Congress agree to the said report. 

And, to the end that Congress may remain wholly acquitted from 
every imputation of a want of attention to the interest and welfare of 
those whom they represent, 

Besolved, That the requisitions of Congress of the 27th of April, 
1784, and the 27th of September, 1785, cannot be considered as the esta- 
blishment of a system of general revenue, in opposition to that recom- 
mended to the several States by the resolves of Congress of the 18th of 
April, 1783. 

Resolved, That the resolves of Congress of the 18th of April, 1783, 
recommending a system of general revenue, be again presented to the 
consideration of the legislatures of the several States which have not 
fully complied with the same. That it be earnestly recommended to 
the Legislatures of New Hampshire, Massachusetts, Connecticut, New 
Jersey, Pennsylvania, Virginia, and South Carolina, which have com- 
plied only in part with the said system, completely to adopt the same , 
and to the Legislatures of the States of Rhode Island, New York, Ma- 
ryland, and Georgia, which have not adopted the said system, either in 
whole or in part, to pass laws, without further delay, in full conformity 
with the same. But, as it is highly necessary that every possible aid 
should, in the most expeditious manner, be obtained to the revenue of 
the United States, it is therefore recommended to the several States, 
that, in adopting the said system, they enable the United States in Con- 
gress assembled, to carry into effect that part which relates to the im- 
post, so soon as it shall be acceded to. 

Resolved, That, whilst Congress are denied the means of satisfying 
those engagements which they have constitutionally entered into for the 



150 

common benefit of the Union, they hold it the/r duty to warn their con- 
stituents that the most fatal evils will inevitably flow from a breach 
of public faith, pledged by solemn contract, and a violation of those 
principles of justice which are the only solid basis of the honor and 
prosperity of nations. 

6. IN THE CONGRESS OF THE CONFEDERATION. - 

Friday, March 3, 1786. 

The committee, .consisting of Mr. Kean, Mr. Gorham, Mr. Pinckney, 
Mr. Smith, and Mr. Grayson, to whom were recommitted sundry papers 
and documents relative to commerce, and the acts passed by the States 
in consequence of the recommendations of Congress of the 30th April, 
1784, report — 

That, in examining the laws passed by the States in consequence 
of the act of 30th April, 1784, they find that four States — namely, Mas- 
sachusetts, New York, New Jersey, and Virginia — have enacted laws 
conformable to the recommendations contained in the act, but have re- 
strained their operation until the other States shall have substantially 
complied. 

That three States — namely, Connecticut, Pennsylvania, and Mary- 
land — ^have passed laws conforming to the same, but have determined 
the time from which they are to commence — the first from the time 
of passing their act, in May, 1785 ; and the two latter from the 30Lh 
April, 1784. 

That New Hampshire, by an act passed the 23d June, 1785, has 
granted fuir powers to regulate their trade, by restrictions or duties, for 
fifteen years, with a proviso that the law shall be suspended until the 
other States have substantially done the same. 

That Rhode Island, by acts passed in February and October, 1785, 
has granted power for the term of twenty-five years to regulate trade 
between the respective States, and of prohibiting, restraining, or regu- 
lating, the importation only of all foreign goods in any ships or vessels 
other than those owned by citizens of the United States, and navigated 
by a certain proportion of citizens ; and also with a proviso restrictive 
of its operation until the other States shall have substantially complied. 

That North Carolina, by an act passed the 2d June, 1784, has granted 
powers similar to those granted by Rhode Island, relative to foreign 
commerce, but unrestrained in duration, and clogged with a clause that 
when all the States shall have substantially complied therewith, it shall 
become an article of confederation and perpetual union. 



151 

That they cannot find that the three other States — namely, Delaware, 
South Carolina, and Georgia — have passed any laws in consequence of 
the recommendations. ' 

The result is, that four States have fully complied ; three others have 
also complied, but have determined the time of commencement, so that 
there will be a dissimilarity in the duration of the power granted ; that 
three other States have passed laws in pursuance of the recommenda- 
tions, but so inconsonant to them, both in letter and spirit, that they 
cannot be deemed compliances ; and that three other States have passed 
no acts whatever. 

That, although the powers to be vested by the recommendations do 
not embrace every object which may be necessary in a well-formed sys- 
tem, yet, as many beneficial effects may be expected from them, the 
committee think it the duty of Congress again to call the attention of 
the States to this subject, the longer delay of which must be attended 
with very great evils. Whereupon, 

Resolved, That the recommendations of the 30th April, 1784, be again 
presented to the view of the States of Delaware, South Carolina, and 
Georgia, and that they be most earnestly called upon to grant powers 
conformable thereto. 

Resolved, That the States of New Hampshire, Rhode Island, and 
North Carolina, be solicited to reconsider their acts, and to make them 
agreeable to the recommendations of the 30th April, 1784. 

Resolved, That the time for which the power under the recommenda- 
tions of the 30th April; 1784, is to continue, ought to commence on the 
day that Congress shall begin to exercise it ; and that it be recommended 
to the States of Pennsylvania, Connecticut, and Maryland, to amend 
their acts accordingly. 

7. IN THE CONGRESS OF THE CONFEDERATION. 
Monday, October 23, 1786. 

The committee, consisting of Mr. Pinckney, Mr. Smith, and Mr. 
Henry, to whom was referred an act of the Legislature of the State of 
Georgia, passed in consequence of the resolutions of the 30th April, 
1784, respecting commerce, and the subject of the said recommendation, 
having reported — 

" That it appears, by the said resolutions, the United States in Con- 
gress assembled recom^mended to the legislatures of the several States 
to vest them, for the term of fifteen years, with powers to prohibit any 
goods, wares, or merchandise, from being imported into, or exported 



152 

from, any of the States, in vessels belonging to, or navigated by, the 
subjects of any power with whom these States shall not have formed 
treaties of commerce ; that they also recommended to the legislatures 
of the said States to vest the United States in Congress assembled, for 
the term of fifteen years, with the power of prohibiting the subjects of 
any foreign state, kingdom, or empire, unless authorized by treaty, from 
importing into the United States any goods, wares, or merchandise, 
which are not the produce or manufacture of the dominions of the sove- 
reign whose subjects they are : provided, that to all acts of the United 
States in Congress assembled, in pursuance of the above powers, the 
assent of nine States shall be necessary. The committee have carefully 
examined the acts passed by the several States, in pursuance of the 
above recommendation, and find that the State of Delaware has passed 
an act in full compliance with the same ; that the acts of the States of 
Massachusetts, Rhode Island, New York, New Jersey, Virginia, and 
Georgia, are in conformity to the said recommendation, but restrained 
in their operation until the other States should have granted powers 
equally extensive ; that the States of Connecticut, Pennsylvania, and 
Maryland, have passed laws agreeable to the said resolution, but have 
fixed the time at v/hich the powers thereby invested shall begin to ope^ 
rate, and not left the same to commence at the time at which Congress 
shall begin to exercise it, which your committee conceive to have been 
the intention of the same ; that South Carolina, by an act passed the 
11th March, 1786, has invested the United States in Congress assem- 
bled with the power of regulating the trade of the United States with 
the West Indies, and all other external or foreign trade of the said 
States, for the term of fifteen years from the passing of the said act ; 
that New Hampshire, by their act of the 23d of June, 1785,- invested 
the United States in Congress assembled with the full power of regu- 
lating trade for fifteen years, by restrictions or duties, with a proviso 
suspending its operation until all the other States shall have done the 
same ; that North Carolina, by their act of the 2d of June, 1784, has 
authorized their delegates to agree to and ratify an article or articles by 
which Congress shall be empowered to prohibit the importation of all 
foreign goods, in any other than vessels owned by citizens of the United 
States, or navigated by such a proportion of seamen, citizens of the 
United States, as may be agreed to by Congress, .which, when agreed 
to by all the States, shall be considered as a part of the Articles of Con- 
federation and perpetual Union. From the above review of the acts 
passed by the several States in consequence of the said recommenda- 
tion, it appears that, though, in order to make the duration of the 



153 

powers equal, it will be necessary for the States of Connecticut, Penn- 
sylvania, Maryland, and South Carolina, so far to amend their acts as 
to permit the authorities therein granted to commence their operation at 
the time Congress shall begin to exercise them ; yet still the powers 
granted by them and by the States of Massachusetts, Rhode Island, 
New York, New Jersey, Delaware, Virginia, and Georgia, are other- 
wise in such compliance with the recommendation, that, if the States 
of New Hampshire and North Carolina had conformed their acts to the 
said resolution, agreeable to the urgent recommendation of Congress of 
the 3d of March last, the powers therein requested might immediately 
begin to operate. The committee, however, are of opinion that the acts 
of the States of New Hampshire and North Carolina manifest so liberal 
a disposition to grant the necessary powers upon this subject, that their 
not having complied with the recommendation of March last must be at- 
tributed to other reasons than a disinclination in them to adopt measures 
similar to those of their sister States. The committee, therefore, con- 
ceive it unnecessary to detail to them the situation of our commerce, 
languishing under the most ruinous restrictions in foreign ports, or the 
benefits which must arise from the due and equal use of powers compe- 
tent to its protection and support, by that body which can alone bene- 
ficially, safely, and effectually exercise the same." Whereupon, 

Resolved, That it be again earnestly recommended to the Legislatures 
of the States of New Hampshire and North Carolina, at their next ses- 
sion, to reconsider their acts, and pass them in such conformity with the 
resolutions of the 30th April, 1784, as to enable, on their part, the 
United States in Congress assembled to exercise the powers thereby 
invested, as soon as possible. 

Resolved, That, as the extent and duration of the powers to be exer- 
cised by the United States in Congress assembled, under the recom- 
mendation above mentioned, ought to be equal, it be recommended to 
the Legislatures of Connecticut, Pennsylvania, Maryland, and South 
Carolina, so far to amend their acts as to vest the powers therein con- 
tained for the term of fifteen years from the day on which Congress shall 
begin to exercise the same. 

8. REMARKS ON PROCEEDINGS WHICH IMMEDIATELY 
LED TO THE FORMATION OF THE CONSTITUTION OF 
THE UNITED STATES. 

These extracts show the final efiforts made by the Congress of the Con- 
federation to obtain from the States an increase of power for the purposes 

N 17 



154 

apparent in these proceedings. These exertions of the friends of liberty 
and the Union having proved unsuccessful, and having completely dis- 
closed the incompetency of the Confederation to provide for the credit 
and the wants of the country, or to fulfil the duties and obligations of a 
general government, manifested the necessity for that radical change in the 
system, under whose powerful and benign influence the United States have 
arrived at their present condition of strength, prosperity, and happiness. 

The active measui-es which immediately led to the accomplishment of 
this momentous object, appear to have commenced under the lead of the 
Commonwealth of Virginia, and through the patriotic zeal and sagacity 
of her eminent statesmen : justice, however, to the great State of New 
York, and to the distinguished individuals who, at that day, guided her 
councils, demands the insertion of the proceedings, which, it will be per- 
ceived, took place more than three years before those in Virginia, and 
point more clearly and directly to the necessity for adopting the present 
form of government than the resolutions of Virginia. The ostensible 
object of the latter appearing to have been, to vest the Congress of the 
Confederation with the power of regulating the general trade and com- 
merce of the country. The act of Virginia, however, led to the meeting 
of the commissioners of several States at Annapolis, who, being thus as- 
sembled, availed themselves of the idea adopted by the State of New Jersey, 
and incorporated in the commissions to her deputies inserted in this chap- 
ter, <' extending the powers of their deputies to other objects than those 
of commerce," being " an improvement on the original plan, and will 
deserve to be incorporated into that of a future convention," «fec. 

These facts prove, that the credit of producing the vital change in the 
government, which gave being to our glorious Constitution, does not 
belong to any particular State or individual, but resulted from the wide- 
spread conviction of the wise and honest men, and true patriots with 
whom the country was blessed at that critical and eventful period in its 
history, which will, no doubt, become more apparent on the completion 
of the fifth and sixth series of Colonel Force's documentary history of the 
Revolution. 

The proceedings in New York, appearing to have been consequent 
upon the condition of aflfairs as indicated in a previous resolution of Con- 
gress, and responsive to it, the insertion of that resolution previous to 
those proceedings, appears necessary to its proper understanding. 

9. IN THE CONGRESS OF THE CONFEDERATION. 

Wednesday, May 22, 1782. 
On the report of a committee, consisting of Mr. Madison, Mr. Root, 
Mr. Lowell, Mr. Rutledge, and Mr. Clymer, to whom was referred a 
letter of the 17th, from the superintendent of finance, and who were in- 
gti-ucted to coni'er wiih the said superintendent : 



155 

Resolved, That Mr. Rutledge and Mr. Cljanerbe appointed to repair 
forthwith to the several States southward of this, and Mr. Montgomery 
and Mr. Root to the States eastward ; and that they be, and hereby are 
instructed to make such representations to the several States, as are best 
adapted to their respective circumstances and the present situation of 
public affairs, and as may induce them to carry the requisitions of Con- 
gress into effect with the greatest despatch : that they make the like 
representations to the State of Pennsylvania, before they leave this ciiy, 
(Philadelphia:) that previous to their departure, they confer with the 
superintendent of finance, the secretary of war, and the secretary for 
foreign affairs, who are hereby directed to communicate to them such 
information fi-om their respective departments as may be most conducive 
to the end proposed. 

10. IN THE HOUSE OF ASSEMBLY OF THE STATE OF 

NEW YORK. 

Sunday, July 21, 1782. 
George Clinton, esq.. Governor, 

A copy of certain resolutions of the honorable the Senate, delivered 
by Mr. Paine, were read, and committed to a committee of the whole 
house, to be taken into consideration with the message of the honorable 
the Senate, of the 19th inst., on the state of the nation. 

The house then resolved itself into a committee of the whole House, 
on the said resolutions, and the subject of the said message ; and after 
some time spent thereon, Mr. Speaker resumed the chair, and Mr. Clark, 
firom the said committee, reported, that the committee had gone through 
the said resolutions without amendment, which he was directed to report 
to the House ; and he delivered the said resolutions in at the table, where 
the same were again read, and in the words following, to wit, viz : 

Resolved, That it appears to this Legislature, after full and solemn 
consideration of the several matters communicated by the hon. the com- 
mittee of Congress, relating to the present postxire of our affairs, foreign 
and domestic, and contained in a letter from the secretary for foreign 
affairs respecting the former, as well as of the representations from time 
to time made by the superintendent of the finances of the United States, 
relative to his particular department — that the situation of these' States 
IS in a peculiar manner critical, and affords the strongest reason to appre- 
hend, fi-om a continuance of the present Constitution of the Continental 
Government, a subversion of public credit, and consequences highly 
dangerous to the safety and independence of these States. 



156 

Resolved, That while this Legislature are convinced by the before-men- 
tioned communications, that notwithstanding the generous intentions of 
an ally from whom we have experienced, and doubtless shall still ex- 
perience, all possible support, exigencies may arise to prevent our receiv- 
ing pecuniary succours hereafter, in any degree proportioned to our 
necessities. They are also convinced, from facts within their own know- 
ledge, that the provisions made by the respective States for carrying on 
the war, are not only inadequate to the end, but must continue to be so, 
while there is an adherence to the principles which now direct the opera- 
tion of public measures. 

Resolved, That it is also the opinion of this Legislature, that the present 
plan instituted by Congress for the administration of their finances, is 
founded in wisdom and sound policy. That the salutary effects of it 
have already been felt in an extensive degree ; and that after so many 
violent shocks sustained by the public credit, a failure in this system, for 
want of the support which the States are able to give, would be produc- 
tive of evils too pernicious to be hazarded. 

Resolved, That it appears to this Legislature, that the present British 
ministry, with a disposition not less hostile than that of their predeces- 
sors, taught by experience to avoid their errors, and assuming the appear- 
ance of moderation, are pursuing a scheme calculated to conciliate in 
Europe, and seduce in America. That the economical arrangements 
they appear to be adopting, are adopted to enlarging the credit of their 
government, and multiplying its resources, at the same time that they 
serve to confirm the prepossessions and confidence of the people ; and 
that the plan of a defensive war on this continent, while they direct all 
their attention and resources to the augmentation of their navy, is that 
which may be productive of consequences ultimately dangerous to the 
United States. 

Resolved, That it is the opinion of this Legislature, that the present 
system of these States exposes the common cause to a precarious issue ; 
and leaves us at the mercy of events over which we have no influence : 
a conduct extremely unwise in any nation, and at all times, and to a 
change of which we are impelled at this juncture, by reasons of peculiar 
and irresistible weight ; and that it is the natural tendency of the weak- 
ness and disorders in our national measures, to spread diffidence and 
distrust among the people, and prepare their minds to receive the im- 
pressions the enemy wish to make. 

Resolved, That the general state of European affairs, as far as they 
have come to the knowledge of this Legislature, affords, in their opinion, 
leasonable ground of confidence, and assures us, that with judicious and 



157 

vigorous exertion on our part, we may rely on the final attainment of our 
object ; but, far from justifying indifference and security, calls upon us by 
every motive of honor, good faith, and patriotism, without delay, to unite 
in some system more effectual, for producing energy, harmony, and con- 
sistency of measures, than that which now exists, and more capable of 
putting the common cause out of the reach of contingencies. 

Resolved, That in the opinion of this Legislature, the radical source of 
most of our embarrassments, is the want of sufficient power in Congress, 
to effectuate that ready and perfect co-operation of the different States, on 
which their immediate safety and future happiness depend. That ex- 
perience has demonstrated the Confederation to be defective in several 
essential points, particularly in not vesting the Federal Government either 
with a power of providing revenue for itself, or with ascertained and pro- 
ductive funds, secured by a sanction so solemn and general, as would 
inspire the fullest confidence in them, and make them a substantial basis 
of credit. That these defects ought to be without loss of time repaired ; 
the powers of Congress extended, a solid security established for the 
payment of debts already incurred, and competent means provided for 
fiiture credit, and for supplying the future demands of the war. 

Resolved, That it appears evidently to this Legislature, that the annual 
income of these States, admitting the best means were adopted for draw- 
ing out their resources, would fall far short of the annual expenditure ; 
and that there would be a large deficiency to be supplied on the credit 
of these States, which, if it should be inconvenient for those powers to 
afford, on whose friendship we justly rely, must be sought for from indi- 
viduals, to engage whom to lend, satisfactory securities must be pledged 
for the punctual payment of interest, and the final redemption of the 
principal. 

Resolved, That it appears to this Legislature, that the aforegoing im- 
portant ends can never be attained by partial deliberations of the States 
separately ; but that it is essential to the common welfare, that there 
should be, as soon as possible, a conference of the whole on the subject ; 
and that it would be advisable for this purpose, to propose to Congress 
to recommend, and to each State to adopt the measure of assembling a 
general convention of the States, specially authorized to revise and amend 
the Confederation, reserving a right to the respective legislatures to ratify 
their determinations. 

Resolved unanimously. That this House do concur with the honorable 
the Senate, in the said resolutions. 

[Introduced and passed in Senate, on Saturday morning, July 20, 
1782.] 

17* 



158 



State of New York, ) 



Secretary'' s Office. 

I certify the preceding to be true copies of certain concurrent resolu- 
tions of the Senate and Assembly of this State, copied from the printed 
journal of the assembly in this office. 

ARCH'D. CAMPBELL, Dep. Sec. of State. 
Albany, July 30, 1847. 

11. IN THE HOUSE OF DELEGATES OF THE STATE OF 

VIRGINIA. 

Wednesday, 30th Novembek, 1785. 

Mr. Alexander White reported, according to order, a resolution agreed 
to by the committee of the whole house on Monday last, respecting com- 
merce ; and he read the same in his place, and afterwards delivered it in 
at the clerk's table, where the same was again read, and is as fol- 
loweth : 

Whereas the relative situation of the United States has been found on 
trial to require uniformity in their commercial regulations, as the only 
effectual policy for obtaining in the ports of foreign nations a stipulation 
of privileges reciprocal to those enjoyed by the subjects of such nations 
in the ports of the United States, for preventing animosities which can- 
not fail to arise among the several States from the interference of partial 
and separate regulations ; and whereas such uniformity can be best con- 
certed and carried into effect by the federal councils, which, having been 
instituted for the purpose of managing the interests of the States in 
cases which cannot so well be provided for by measures individually 
pursued, ought to be invested with authority in this case, as being within 
the reason and policy of their institution : 

Resolved, That it is the opinion of this committee, that the delegates 
representing this Commonwealth in Congress be instructed to propose 
in Congress a recommendation to the States in union to authorize that 
assembly to regulate their trade, on the following principles, and under 
the following qualifications : 

1st. That the United States in Congress assembled be authorized to 
prohibit vessels belonging to any foreign nation from entering any of the 
ports thereof, or to impose any duties on such vessels and their cargoes 
which may be judged necessary ; all such prohibitions and duties to be 
uniform throughout the United States, and the proceeds of the latter to 
oe carried into the treasury of the State within which they shall accrue. 

2d. That no State be at liberty to impose duties on any goods, wares, 



159 

or merchandise, imported by land or by water from any other State, but 
may altogether prohibit the importation from any State of any particular 
species or description of goods, wares, or merchandise, of which the 
importation is at the same time prohibited from all other places whatso- 
ever. 

3d. That no act of Congress that may be authorized, as hereby pro- 
posed, shall be entered into by less than two-thirds of the confederated 
States, nor be in force longer than thirteen years. 

A motion was made, and, the question being put to amend the reso- 
lution, by adding to the end thereof the following words, to wit : " un- 
less continued by a like proportion of votes within one year immediately 
preceding the expiration of the said period, or be revived in like manner 
after the expiration thereof," it passed in the negative: ayes, 28; 
noes, 79. 

On a motion made by Mr. Turberville, and seconded by Mr. Wat- 
kins, 

Ordered, That the names of the ayes and noes, on the question to 
agree to the said amendment, be inserted in the journal. 

And then the said resolution, being again read, was, on the question 
put thereupon, agreed to by the House. 

Ordered, That Mr. Alexander White do carry the resolution to the 
Senate, and desire their concurrence. 

Thursday, 1st December, 1785. 

On a motion made to the following effect : that the resolutions reported 
from a committee of the whole house, and agreed to by the House on 
yesterday, containing instructions to the delegates of this Common- 
wealth in Congress, respecting commerce, does not, from a mistake, 
contain the sense of the majority of this House that voted for the said 
resolutions ; 

Ordered, therefore, That the direction to send the said resolution to 
the Senate for their concurrence be rescinded, and that this House do 
immediately resolve itself into a committee of the whole house, to re- 
consider the said resolution. 

It was resolved in the affirmative : ayes, 60 ; noes, 33. 

The House then accordingly resolved itself into a committee of the 
whole house on the said resolution; and, after some time spent therein, 
Mr. Speaker resumed the chair, and Mr. Matthews reported that the said 
committee had, according to order, had the said resolution under their 
consideration, and had made several amendments thereto, which they 



160 

Had directed him to report when the House should think proper to re- 
ueive the same. 

Ordered, That the said report do lie on the table. 

[With the same object in view, the General Assembly of Virginia eventually 
mrsued a different course to attain it, as will be seen by the subjoined resolution.] 

u2. IN THE HOUSE OF DELEGATES OF THE STATE OF 

VIRGINIA. 

21sT January, 1786. 

Resolved, That Edmund Randolph, James Madison, junior, Walter 
Jones, Saint George Tucker, Meriwether Smith, David Ross, William 
Ronald, and George Mason, esquires, be appointed commissioners, who, 
or any five of whom, shall meet such commisfiioners as may be appointed 
Dy the other States in the Union, at a time and place to be agreed on, to 
take into consideration the trade of the United States ; to examine the 
relative situations and trade of the said States ; to consider how far an 
uniform system in their commercial regulations may be necessary to 
their common interest and their permanent harmony ; and to report to 
the several States such an act relative to this great object, as, when 
unanimously ratified by them, will enable the United States in Congress 
assembled effectually to provide for the same : that the said commis- 
sioners shall immediately transmit to the several States copies of the 
preceding resolution, with a circular letter requesting their concurrence 
therein, and proposing a time and place for the meeting aforesaid. 

Test: JOHN BECKLEY, C. H. D. 

1786, January 21st. 

Agreed to by the Senate. 

H. BROOKE, C. S: 

By his excellency, Patrick Henry, esquire. Governor of the Common- 
wealth of Virginia, it is hereby certified that John Beckley, the 
person subscribing the above resolve, is clerk of the House of 
L. s.] Delegates, and that due faith and credit is, and ought to be, 
paid to all things done by him by virtue of his office. Given 
under my hand as Governor, and under the seal of the Com- 
monwealth, at Richmond, the 6th day of July, 1786. 

P. HENRY. 

[Certain other of the Stales came readily into the measure proposed, and a 
meeting of commissioners took place at Annapolis, whose proceedings are staled 
Ui the following report,] 



161 

13. ANNAPOLIS, IN THE STATE OF MARYLAND. 

September 11, 17S6. 

At a meeting of commissioners from the States of New York, New 
Jersey, Pennsylvania, Delaware, and Virginia : 

PRESENT : 
NEW YORK. DELAWARE. 

Alexander Hamilton, George Read, 

Egbert Benson. John Dickinson, 

NEW JERSEY. Richard Bassett. 

Abraham Clarke, vir&inia. 

William C. Houston, Edmund Randolph, 

James Schureman. James Madison, jun., 

PENNSYLVANIA. St. Georgc Tucker. 

Tench Coxe. 
Mr. Dickinson was unanimously elected chairman. 
The commissioners produced their credentials from their respective 
States, which were read. 

After a full communication of sentiments, and deliberate consideration 
of what would be proper to he done by the commissioners now assem- 
bled, it was unanimously agreed that a committee be appointed to pre- 
pare a draught of a report to be made to the States having commission- 
ers attending at this meeting. 
Adjourned till Wednesday morning. 

Wednesday, September 13, 1786. 

Met agreeable to adjournment. 

The committee appointed for that purpose reported the draught of the 
report ; which being read, the meeting proceeded to the consideration 
thereof, and, after some time spent therein, adjourned till to-morrow 
morning. 

Thursday, September 14, 1786. 

Met agreeable to adjournment. 

The meeting resumed the consideration of the draught of the report, 
and, after some time spent therein, and amendments made, the samo 
was unanimously agreed to, and is as follows, to wit : 

To the honorable the Legislatures of Virginia, Delaware, Pennsylvania, 
New Jersey, and New York, the commissioners from the said States, 
respectively, assembled at Annapolis, humbly beg leave to report : 
That, pursuant to their several appointments, they met at Annapolis, 

in the State of Maryland, on the llth day of September instant, and 



162 

having proceeded to a communication of their powers, they found that 
the States of New York, Pennsylvania, and Virginia, had, in substance, 
and nearly in the same terms, authorized their respective commissioners 
"to meet such commissioners as were or might be appointed by the 
other States in the Union, at such time and place as should be agreed 
upon by the said commissioners, to take into consideration the trade and 
commerce of the United States, to consider how far an uniform system 
in their commercial intercourse and regulations might be necessary to 
their common interest and permanent harmony, and to report to the 
several States such an act relative to this great object, as, when unani- 
mously ratified by them, would enable the United States in Congress 
assembled effectually to provide for the same." 

That the State of Delaware had given similar powers to their com- 
missioners, with this difference only, that the act to be framed in virtue 
of these powers is required to be reported "to the United States in Con- 
gress assembled, to be agreed to by them, and confirmed by the legisla- 
tures of every State." 

That the State of New Jersey had enlarged the object of their ap- 
pointment, empowering their commissioners "to consider how far an 
uniform system in their commercial regulations arid other important mat- 
ters might be necessary to the common interest and permanent harmony 
of the several States;" and to report such an act on the subject as, 
when ratified by them, "would enable the United States in Congress 
assembled effectually to provide for the exigencies of the Union." 

That appointments of commissioners have also been made by the 
States of New Hampshire, Massachusetts, Rhode Island, and North 
Carolina, none of whom, however, have attended; but that no informa- 
tion has been received by your commissioners of any appointment having 
been made by the States of Connecticut, Maryland, South Carolina, or 
Georgia. 

That, the express terms of the powers to your commissioners sup- 
posing a deputation from all the States, and having for object the trade 
and commerce of the United States, your commissioners did not con- 
ceive it advisable to proceed on the business of their mission under the 
circumstance of so partial and defective a representation. 

Deeply impressed, however, with the magnitude and importance of the 
object confided to them on this occasion, your commissioners cannot for- 
bear to indulge an expression of their earnest and unanimous wish that 
ppeedy measures may be taken to effect a general meeting of the States, 
in a future convention for the same and such other purposes as the situa- 
tion of public affairs may be found to require. 



163 

If, in expressing this wisli, or in intimating any otner sentiment, your 
commissioners should seem to exceed the strict bounds of their appoint- 
ment, they entertain a full confidence that a conduct dictated by an anx- 
iety for the welfare of the United States will not fail to receive an in- 
dulgent construction. 

In this persuasion, your commissioners submit an opinion, that the 
idea of extending the powers of their deputies to other objects than 

ose of commerce, which has been adopted by the State of New Jersey, 
was an improvement on the original plan, and will deserve to be incor- 
porated into that of a future convention. They are the more naturally 
led to this conclusion, as, in the course of their reflections on the sub- 
ject, they have been induced to think that the power of regulating trade 
is of such comprehensive extent, and will enter so far into the general 
system of the Federal Government, that to give it efficacy, and to ob- 
viate questions and doubts concerning its precise nature and limits, may 
require a correspondent adjustment of other parts of the federal system. 

That there are important defects in the system of the Federal Govern- 
ment, is acknowledged by the acts of all those States which have con- 
curred in the present meeting; that the defects, upon a closer examina- 
tion, may be found greater and more numerous than even these acts im- 
ply, is at least so far probable, from the embarrassments which charac- 
*erize the present state of our national affairs, foreign and domestic, as 
may reasonably be supposed to merit a deliberate and candid discussion, 
m some mode which will unite the sentiments and councils of all the 
States. In the choice of the mode, your commissioners are of opinion 
that a convention of deputies from the different States, for the special 
and sole purpose of entering into this investigation, and digesting a plan 
for supplying such defects as may be discovered to exist, will be entitlea 
to a preference, from considerations which will occur without being par- 
ticularized. 

Your commissioners decline an enumeration of those national circum- 
stances on which their opinion respecting the propriety of a future con- 
vention, with more enlarged powers, is founded, as it would be an use- 
less intrusion of facts and observations, most of which have been fre- 
quently the subject of public discussion, and none of which can have 
escaped the penetration of those to whom they would in this instance be 
addressed. They are, however, of a nature so serious, as, in the view 
of your commissioners, to render the situation of the United States deli- 
cate and critical, calling for an exertion of the united virtue and wisdom 
of all the members of the Confederacy. 

Under this impression, your commissioners, with the most respectful 



164 

deference, beg leave to suggest their unanimous conviction, that it may 
essentially tend to advance the interests of the Union, if the States, by 
whom they have been respectively delegated, would themselves concur, 
and use their endeavors to procure the concurrence of the other States in 
the appointment of commissioners, to meet at Philadelphia on the second 
Monday in May next, to take into consideration the situation of the 
United States, to devise such further provisions as shall appear to them 
necessary to render the Constitution of the Federal Government adequate 
to the exigencies of the Union ; and to report such an act for that purpose 
to the United States in Congress assembled, as, when agreed to by them, 
and afterwards confirmed by the legislatures of every State, will effectu- 
ally provide for the same. 

Though your commissioners could not with propriety address these 
observations and sentiments to any but the States they have the honor 
to represent, they have nevertheless concluded, from motives of respect, to 
transmit copies of this report to the United States in Congress assembled, 
and to the executives of the other States. 
By order of the commissioners. 

Dated at Annapolis, September 14, 1786. 

Resolved, That the chairman sign the aforegoing report in behalf of 
the commissioners. - -^ 

Then adjourned without day. . 

NEW YORK. DELAWARE. 

Egbert Benson, George Read, 

Alexander Hamilton. John Dickinson, 
NEW JERSEY. " Richard Bassett. 
Abra. Clark, Virginia. 

Wm. Ch. Houston, Edmund Randolph, 

James Schureman. James Madison, jun. 

PENNSYLVANIA. St. Gcorgc Tuckcr. 
Tench Coxe. 

14. IN THE CONGRESS OF THE CONFEDERATION. 

Wednesday, February 21, 1787. 

Congress assembled: Present, Massachusetts, Rhode Island, Con- 
necticut, New York, New Jersey, Pennsylvania, Delaware, Virginia, 
Maryland, North Carolina, South Carolina, and Georgia. 

The report of a Grand Committee, consisting of Mr. Dane, Mr. Var- 
num, Mr. S. M. Mitchell, Mr. Smith, Mr. Cadwallader, Mr. Irvine, 
Mr. N. Mitchell. Mr. Forrest, Mr. Grayson, Mr. Blount, Mr. Bull, and 



165 

Wr. Few, to whom was refen-ed a letter of 14th September, 1786, from 
J. Dickinson, written at the request of commissioners from the States of 
Virginia, Delaware, Pennsylvania, New Jersey, and New York, as- 
sembled at the city of Annapolis, together with a copy of the report of 
the said commissioners to the legislatm-es of the States by whom they 
were appointed, being an order of the day, was called up, and which is 
contained in the following resolution, viz : 

" Congress having had under consideration the letter of John Dickin- 
son, esq., chairman of the commissioners who assembled at Annapolis 
during the last year ; also the proceedings of the said commissioners ; 
and entirely coinciding with them, as to the inefficiency of the Federal 
Government, and the necessity of devising such farther provisions as 
shall render the same adequate to the exigencies of the Union, do strongly 
recommend to the different legislatures to send forward delegates, to meet 
the proposed convention, on the second Monday in May next, at the city 
of Philadelphia." 

The delegates for the State of New York thereupon laid before Con- 
gress instructions which they had received from their constituents, and, 
in pursuance of the said instructions, moved to postpone the further con- 
sideration of the report, in order to take up the following propositions, viz : 
" That it be recommended to the States composing the Union that a 
convention of representatives from the said States respectively, be held 
at , on , for the purpose of revising the Articles of Con- 

federation and perpetual imion between the United States of America, 
and reporting to the United States in Congress assembled, and to the 
States respectively, such alterations and amendments of the said Articles 
of Confederation, as the representatives met in such convention shall 
judge proper and necessary to render them adequate to the preservation 
and support of the Union." 

On the question to postpone, for the purpose above mentioned, the yeas 
and nays being required by the delegates for New York, 

MassacJmsetts Mr. King;, av ) 

Dane, ^ ay^^ 

Connecticut Mr. Johnson, ay ) ,- 

S.Mitchell, noP'^- 

New York Mr. Smith, ay ) 

Benson, ay J ^^ 

New Jersey Mr. Cadwallader, ay ) 

Clarke, no>no 

Schureman, no ) 

Pennsylvania Mr. Irvine, no ) 

Meredith. ay > no 

Bingham, no) 

18 



166 

Delaware Mr. N. Mitchell, no>* 

Maryland Mr. Forrest, no ^ * 

Virginia Mr. Grayson, ay ) 

Madison, ayj ^^ 

N. Carolina Mr. Blount, no ) 

Hawkins, no J 

S. Carolina Mr. Bull, no^ 

Kean, no I > 

Huger, no f^^ 

Parker, no J 

Georgia Mr. Few, ay ) i- 

Pierce, no 3 

So the question was lost. 

A motion was then made by the delegates for Massachusetts, to post- 
pone the further consideration of the report, in order to take into con- 
sideration a motion which they read in their place ; this being agreed to, 
the motion of the delegates for Massachusetts was taken up, and, being 
amended, was agreed to, as follows : 

Whereas there is provision in the Articles of Confederation and per- 
petual Union, for making alterations therein, by the assent of a Congress 
of the United States, and of the legislatures of the several States ; and 
whereas experience hath evinced that there are defects in the present 
Confederation, as a mean to remedy which several of the States, and par- 
ticularly the State of New York, by express instructions to their delegates 
in Congress, have suggested a convention for the purposes expressed in 
the following resolution ; and such convention appearing to be the most 
probable mean of establishing in these States a firm National Govern- 
ment : 

Resolved, That, in the opinion of Congress, it is expedient, that, on 
the second Monday in May next, a convention of delegates, who shall 
have been appointed by the several States, be held at Philadelphia, for 
the sole and express purpose of revising the Articles of Confederation, 
and reporting to Congress, and the several legislatures, such alterations 
and provisions therein as shall, when agreed to in Congress, and con- 
firmed by the States, render the Federal Constitution adequate to the 
exigencies of Government, and the preservation of the Uniqn. 



167 

15. Ads of the several States foi- the appointment of Deputies to meet 
in Convention, for the purpose of forming a Constitution of Govern" 
m,ent, viz : 

COMMONWEALTH OF VIRGINIA. 

General Assembly, hegu?i and held at the public buildings in the city nf 
Richmond, on Monday, the 16lh. day of October, m the year of our 
Lord 1786. 

AN ACT for appointing Deputies from this Commonwealth to a Conven- 
tion proposed to be held in the city of Philadelphia, in May next, for 
the purpose of revising the Federal Constitution. 

Whereas the commissioners who assembled at Annapolis, on the 14th 
day of September last, for the purpose of devising and reporting the 
means of enabling Congress to provide effectually for the commercial 
interests of the United States, have represented the necessity of extending 
the revision of the Federal system to all its defects, and have recom- 
mended that deputies for that purpose be appointed by the several legis- 
latures, to meet in convention, in the city of Philadelphia, on the second 
day of May next, a provision which was preferable to a discussion of the 
subject in Congress, where it might be too much interrupted by the ordi- 
nary business before them, and. where it would, besides, be deprived of 
the valuable counsels of sundry individuals who are disqualified by the 
Constitution, or laws of particular States, or restrained by peculiar cir- 
cumstances, from a seat in that assembly : And whereas the General 
Assembly of this Commonwealth, taking into view the actual situation 
of the Confederacy, as well as reflecting on the alarming representations 
made, from time to time, by the United States in Congress, particularly 
in their act of the 15th day of February last, can no longer doubt that the 
crisis is arrived at which the good people of America are to decide the 
solemn question, whether they will, by wise and magnanimous efforts, 
reap the just fruits of that independence which they have so gloriously 
acquired, and of that Union which they have cemented with so much of 
their common blood, or whether, by giving way to unmanly jealousies 
and prejudices, or to partial and transitory interests, they will renounce 
the auspicious blessings prepared for them by the Revolution, and furnish 
to its enemies an eventual triumph over those by whose virtue and valor 
it has been accomplished : And whereas the same noble and extended 
policy, and the same fraternal and affectionate sentiments which origin- 
ally determined the citizens of this Commonwealth to unite with their 
brethren of the other States in establishing a Federal Government, can- 
not but be felt with equal force now as motives to lay aside every inferior 



168 

consideration, and to concur in such farther concessions and provisions 
as may be necessary to secure the great objects for which that Govern- 
ment was instituted, and to render the United States as happy in peace 
as they have been glorious in war : 

Be it therefore enacted by the General Assemhly of the Commonwealth 
of Virginia, That seven commissioners be appointed by joint ballot of 
both Houses of Assembly, who, or any three of them, are hereby au- 
thorized, as deputies from this Commonwealth, to meet such deputies 
as may be appointed and authorized by other States, to assemble in con- 
vention at Philadelphia, as above recommended, and to join with them 
in devising and discussing all such alterations and farther provisions as 
may be necessary to render the Federal Constitution adequate to the exi- 
gencies of the Union, and, in reporting such an act for that purpose to 
the United States in Congress, as, when agreed to by them, and duly con- 
firmed by the several States, will efTectually provide for the same. 

And he it further enacted, That, in case of the death of any of the 
said deputies, or of their declining their appointments, the executive are 
hereby authorized to supply such vacancies ; and the Governor is re- 
quested to transmit forthwith a copy of this act to the United States in 
Congress, and to the executives of each of the States in the Union. 
(Signed) JOHN JONES, 

Speaker of the Senate. 
JOSEPH PRENTISS, 
Speaker of the House of Delegates. 

A true copy from the enrollment. 

JOHN BECKLEY, Clerk 11. D. 

IN THE HOUSE OF DELEGATES. 

Monday, the 4th of December, 1786. 

The House, according to the order of the day, proceeded, by joint 
ballot with the Senate, to the appointment of seven deputies from this 
Commonwealth to a convention proposed to be held in the city of Phila- 
delphia in May next, for the purpose of revising the Federal Constitu- 
tion ; and, the members having prepared tickets with the names of the 
persons to be appointed, and deposited the same in the ballot-boxes, Mr. 
Corbin, Mr. Matthews, Mr. David Stewart, Mr. George Nicholas, Mr. 
Richard Lee,, Mr. Wills, Mr. Thomas Smith, Mr. Goodall, and Mr. 
Turberville, were nominated a committee to meet a committee from the 
Senate, in the conference chamber, and jointly with them to examine 
ine ballot-boxes and report to the House on whom the majority of the 



169 

votes should fall. The committee then withdrew, and after some time 
returned into the House, and reported ttiat the committee had, according 
to order, met a committee from the Senate in the conference chamber, 
and jointly with them examined the ballot-boxes, and found a majority 
of votes in favor of George Washington, Patrick Henry, Edmund Ran- 
dolph, John Blair, James Madison, George Mason, and George Wythe, 
esqrs. Extract from the journal. 

JOHN BECKLEY, 

Clerli House Delegates, 
Attest : John Becklet, Clerh H. D. 

IN THE HOUSE OF SENATORS. 
Monday, THE 4th of December, 1786. 

The Senate, according to the order of the day, proceeded, by joint 
ballot with the House of Delegates, to the appointment of seven depu- 
ties from this Commonwealth to a convention proposed to be held in the 
city of Philadelphia in May next, for the purpose of revising the Federal 
Constitution ; and, the members having prepared tickets with the names 
of the persons to be appointed, and deposited the same in the ballot- 
boxes, Mr. Anderson, Mr. Nelson, and Mr. Lee, were nominated a 
c-ommittee to meet a committee from the House of Delegates, in the 
conference chamber, and jointly with them to examine the ballot-boxes, 
and report to the House on whom the majority of votes should fall. The 
committee then withdrew, and after some time returned into the House, 
and reported that the committee had, according to order, met a commit- 
tee from the House of Delegates, in the conference chamber, and jointly 
with them examined the ballot-boxes, and found a majority of votes in 
favor of George Washington, Patrick Henry, Edmund Randolph, John 
Blair, James Madison, George Mason, and George Wythe, esqrs. Ex- 
tract from the journal. 

JOHN BECKLEY, Clerk H. D. 

Attest: H. Brook, Clerk. 

[L. s.] VIRGINIA, fomf. • 

I do hereoy certify and make known, to all whom it may concern, 
that John Beckley, esq., is clerk of the House of Delegates for this 
Commonwealth, and the proper officer for attesting the proceedings of 
the General Assembly of the said Commonwealth, and that full faith 
and credit ought to be given to all things attested by the said John 
Beckley. esq., by virtue of his office aforesaid. 
O 18* 



170 

Giyen under my hand, as Governor of the Commonwealth of Virginia, 
and under the seal thereof, at Richmond, this fourth day of May, 1787. 

EDM. RANDOLPH. 

[L. s.] ' VIRGINIA, to wit: 

I do hereby certify, that Patrick Henry, esq., one of the seven com- 
missioners appointed by joint ballot of both Houses of Assembly of the 
Commonwealth of Virginia, authorized as a deputy therefrom, to meet 
such deputies as might be appointed and authorized by other States, to 
assemble in Philadelphia, and to join with them in devising and discuss- 
ing all such alterations and further provisions as might be necessary to 
render the Federal Constitution adequate to the exigencies of the Union, 
and in reporting such an act for that purpose to the United States in Con- 
gress, as, when agreed to by them, and duly confirmed by the several 
States, might effectually provide for the same, did decline his appoint- 
ment aforesaid ; and thereupon, in pursuance of an act of the General 
Assembly of the said Commonwealth, entitled "An act for appointing 
deputies from this Commonwealth to a convention proposed to be held 
in the city of Philadelphia in May next, for the purpose of revising the 
Federal Constitution," I do hereby, with the advice of the Council of 
State, supply the said vacancy by nominating James McClurg, esq., a 
deputy for the purposes aforesaid. 

Given under my hand, as Governor of the said Commonwealth, and 

under the seal thereof, this second day of May, in the year of our 

Lord 1787. 

EDM. RANDOLPH. 

THE STATE OF NEW JERSEY. 

To the honorable David Brearley, William Churchill Houston, William 
Paterson, and John Neilson, esqrs., greeting: 

The Council and Assembly, reposing especial trust and confidence in 
your integrity, prudence, and ability, have, at a joint meeting, appointed 
you, the said David Brearley, William Churchill Houston, William Pater- 
son, and John Neilson, esqrs., or any three of you, commissioners, to 
meet such commissioners as have been or may be appointed by the other 
States of the Union, at the city of Philadelphia, in the Commonwealth 
of Pennsylvania, on the second Monday in May next, for the purpose 
of taking into consideration the state of the Union, as to trade and other 
important objects, and of devising such other provisions as shall appear 
to be necessary to render the Constitution of the Federal Government 
adequate to the exigencies thereof. 



371 

In testimony whereof, the great seal of the State is hereunto affixed. 
Witness William Livingston, esq., Governor, captain general and 
commander-in-chief in and over the State of New Jersey, and tern- 
' tories theremito belonging, chancellor and ordinary in the same, at 
Trenton, the 23d day of November, in the year of our Lord 1786, 
and of our sovereignty and independence the eleventh. 

WILLIAM LIVINGSTON. 
By his excellency's command. 

BOWES REED, Secretary. 

THE STATE OF NEW JERSEY. ' 

To his excellenc_y William Livingston, and the honorable Abraham 
[l. s.] Clark, esqrs., greeting: 

The Council and Assembly, reposing especial trust and confidence in 
your integrity, prudence, and ability, have, at a joint meeting, appointed 
you, the said William Livingston and Abraham Clark, esqrs., in con- 
junction with the honorable David Brearley, William Churchill Houston, 
and William Paterson, esqrs., or any three of you, commissioners, to meet 
such commissioners as have been appointed by the other States in the 
Union, at the city of Philadelphia, in the Commonwealth of Pennsyl- 
vania, on the second Monday of this present month, for the purpose of 
taking into consideration the state of the Union, as to trade and other 
important objects, and of devising such other provisions as shall appear 
to be necessary, to render the Constitution of the Federal Government 
adequate to the exigencies thereof. 
In testimony whereof, the great seal of the State is hereunto affixed. 
Witness William Livingston, esq., Governor, captain general and 
commander-in-chief in and over the State of New Jersey, and terri- 
tories thereunto belonging, chancellor and ordinary in the same, at 
Burlington, the 8th day of May, in the year of our Lord 1787, and of 
our sovereignty and independence the eleventh. 

WILLIAM LIVINGSTON. 
By his excellency's command. 

BOWES REED, Secretary. 

STATE OF NEW JERSEY. 

To the honorable Jonathan Dayton, esq. 

The Council and Assembly, reposing especial trust and confidence in 
your integrity, prudence, and ability, have, at a joint meeting, appointed 
you, the said Jonathan Dayton, esq., in conjunction with his excellency 



172 

William Livingston, the honorable David Brearley, William Churchill 
Houston, William Paterson, and Abraham Clark, esqrs., or any three of 
you, commissioners, to meet such commissioners as have been appointed 
by the other States inthe Union, at the city of Philadelphia, in the Com- 
monwealth of Pennsylvania, for the purpose of taking into consideration 
the state of the Union, as to trade and other important objects, and of 
devising such other provision as shall appear to be necessary to render 
the Constitution of the Federal Government adequate to the exigencies 
thereof. 
In testimony whereof, the great seal of the State is hereunto affixed. 
Witness Robert Lettice Hooper, esq., vice president, captain gene- 
ral and commander-in-chief in and over the State of New Jersey, 
and territories thereunto belonging, chancellor and ordinary in the 
same, at Burlington, the fifth day of June, in the year of our Lord 
1787, and of our sovereignty and independence the eleventh. 

ROBERT L. HOOPER. 
By his honor's command. 

' BOWES REED, ^ecrefar. 

COMMONWEALTH OF PENNSYLVANIA. 

AN ACT appointing Deputies to the Convention intended to be held in 
the city of Philadelphia, for the purpose of revising the Federal Con- 
stitution. 

Section 1. Whereas the General Assembly of this Commonwealth, 
taking into their serious consideration the representations heretofore 
made to the legislatures of the several States in the Union, by the Unhed 
States in Congress assembled, and also weighing the difficulties under 
which the confederated States now labor, are fully convinced of the ne- 
cessity of revising the Federal Constitution, for the purpose of making 
such alterations and amendments as the exigencies of our public affairs 
require. And whereas the Legislature of the State of Virginia have al- 
ready passed an act of that Commonwealth, empowering certain com- 
missioners to meet at the city of Philadelphia, in May next, a convention 
of commissioners or deputies from the different States ; and the Legisla- 
ture of this State are fully sensible of the important advantages which 
may be derived to the United States, and every of them, from co-operat- 
ing with the Commonwealth of Virginia, and the other States of the 
Confederation, in the said design. 

Sec. 2. Be it enacted, and it is hereby enacted by the representatives 
of the freemen of the Commonwealth of Pennsylvania, in General As- 



173 

sembly met, and by the authority of the same, that Thomas Mifflin, 
Robert Morris, George Clymer, Jared Ingersoll, Thomas Fitzsimons, 
James Wilson, and Gouverneur Morris, esqrs., are hereby appointed 
deputies from this State, to meet in the convention of the deputies of the 
respective States of North America, to be held at the city of Philadel- 
phia on the second day of the month of May next ; and the said Thomas 
Mifflin, Robert Morris, George Clymer, Jared Ingersoll, Thomas Fitz- 
simons, James Wilson, and Gouverneur Morris, esqrs., or any four of 
them, are hereby constituted and appointed deputies from this State, with 
powers to meet such deputies as may be appointed and authorized by the 
other States, to assemble in the said convention, at the city aforesaid, and 
to join with them in devising, deliberating on, and discussing all such 
alterations, and further provisions, as may be necessary to render the 
Federal Constitution fiilly adequate to the exigencies of the Union, and 
in reporting such act or acts, for that purpose, to the United States in 
Congress assembled, as, when agreed to by them, and duly confirmed by 
the several States, will effectually provide for the same. 

Sec. 3. And be it further enacted by the authority aforesaid, That in 
case any of the said deputies hereby nominated shall happen to die, or 
to resign his or their said appointment or appointments, the supreme ex- 
ecutive council shall be, and hereby are, empowered and required to 
nominate and appoint other person or persons in lieu of him or them so 
deceased, or who has or have so resigned, which person or persons, from 
and after such nomination and appointment, shall be, and hereby are de- 
clared to be, vested with the same powers respectively, as any of the 
deputies nominated and appointed by this act is vested with by the same : 
Provided aluays, That the council are not hereby authorized, nor shall 
they make any such nomination or appointment, except in vacation, and 
during the recess of the General Assembly of this State. 
[l. s.] Signed by order of the House. 

THOMAS MIFFLIN, SpeaJcer. 

Enacted into a law at Philadelphia, on Saturday, December the 30th 
in the year of our Lord 1786. PETER ZACHARY LLOYD, 

Clerk of the General Assembly. 

1, Mathew Irwine, esq., master of the rolls for the State of Pennsyl- 
vania, do certify the preceding writing to be a true copy (or exemplifica- 
tion) of a certain act of Assembly lodged in my office. 

In witness whereof, I have hereunto set my hand and seal of office, the 
[L. s.] 15th May, A. D. 1787. 

MATHEW IRWINE M. R 



174 

A supplement to the act entitled " An act appointing deputies to the con- 
vention intended to be held in the city of Philadelphia, for the pur- 
pose of revising the Federal Constitution." 

Sec. 1st. Whereas by the act to w^hich this act is a supplement, cer- 
tain persons were appointed as deputies from this State to sit in the said 
convention : And whereas it is the desire of the General Assembly, that 
his excellency Benjamin Franklin, esq., president of this State, should 
also sit in the said convention as a deputy from this state v Therefore, 

Sec. 2d. Be it enacted, and it is hereby enacted by the representatives 
of the freemen of the Commonwealth of Pennsylvania, in General As- 
sembly met, and by the authority of the same, that his excellency Ben- 
jamin Franklin, esq., be, and he is hereby appointed and authorized to 
sit in the said convention as a deputy from this State, in addition to the 
persons heretofore appointed ; a;nd that he be, and he hereby is invested 
with like powers and authorities as are invested in the said deputies or 
any of them. 

Signed by order of the House. 

THOMAS MIFFLIN, Speaher. 

Enacted into a law at Philadelphia, on Wednesday, the 28th day of 
March, in the year of our Lord 1787. 

PETER ZACHARY LLOYD, 

Clerk of the General Assemhly. 

I, Mathew Irwine, esq., master of the rolls for the State of Pennsyl- 
vania, do certify the above to be a true copy (or exemplification) of a 
supplement to a certain act of Assembly, which supplement is lodged in 
my office. 

In witness whereof, I have hereunto set my hand and seal of office, 
[L. s.] the 15th May, A. D. 1787. 

MATHEW IRWINE, M. R. 

THE STATE OF NORTH CAROLINA. 
To the honorable Alexander Martin, esq., greeting: 

Whereas our General Assembly, in their late session, holden at Fay- 
€tteville, by adjournment, in the month of January last, did, by joint 
ballot of the Senate and House of Commons, elect Richard Caswell, 
Alexander Martin, William Richardson Davie, Richard Dobbs Spaight, 
and Willie Jones, esqrs., deputies to attend a convention of delegates 
from the several United States of America, proposed to be held at the 
city of Philadelphia in May next, for the purpose of revising the Federal 
Constitution, 



175 

We do, therefore, by these presents, nominate, commissionate, and 
appoint you, the said Alexander Martin, one of the deputies for and in 
our behalf, to meet with our other deputies at Philadelphia, on the first 
day of May next, and with them, or any two of them, to confer with 
such deputies as may have been, or shall be appointed by the other 
States, for the purposes aforesaid: To hold, exercise, and enjoy the ap- 
pointment aforesaid, with all powers, authorities, and emoluments to the 
same belonging, or in any wise appertaining, you conforming, in every 
instance, to the act of our said Assembly, under which you are ap- 
pointed. 

Witness Richard Caswell, esq., our Governor, captain general and 
commander-in-chief, under his hand and our great seal, at Kingston, 
the 24th day of February, in the eleventh year of our independence, 
A. D. 1787. 
[L. s.] RICH. CASWELL. 

By his excellency's command. 

WINSTON CASWELL, P. Secretary. 

A commission, precisely similar to the above, was given " to the 
honorable William Richardson Davie, esq.," on the 24th February, 
1787. 

And also another, " to the honorable Richard Dobbs Spaight, 
esq., on the 14th of April, 1787. 

STATE OF NORTH CAROLINA. 

His excellency Richard Caswell, esq., Governor, captain general and 

commander-in-chief, in and over the State aforesaid. 

To all to whom these presents shall come, greeting : 

Whereas, by an act of the General Assembly of the said State, passed 
the sixth day of January last, entitled "An act for appointing deputies 
from this State co a convention proposed to be held in the city of Phila- 
delphia, in May next, for the purpose of revising the Federal Constitu- 
tion," among other things it is enacted, "That five commissioners be 
appointed by joint ballot of both Houses of Assembly, who, or any three 
of them, are hereby authorized as deputies from this Slate, to meet at 
Philadelphia, on the first day of May next, then and there to meet and 
confer with such deputies as may be appointed by the other States for 
similar purposes, and with them to discuss and decide upon the most 
eflTectual means to remove the defects of our Federal Union, and to pro- 
cure the enlarged purposes which it was intended to effect ; and that 



176 

they report such an act to the General Assembly of this State, as, when 
agreed to by them, will eflectually provide for the same." And it is by 
the said act further enacted, " That in case of the death or resignation 
of any of the deputies, or of their declining their appointments, his ex- 
cellency the Governor, for the time being, is hereby authorized to supply 
such vacancies." And whereas, in consequence of the said act, Richard 
Caswell, Alexander Martin, William Richardson Davie, Richard Dobbs 
Spaight, and "Willie Jones, esqrs., were, by joint ballot of the two 
Houses of Assembly, elected deputies for the purposes aforesaid : And 
whereas the said RiQhard Caswell has resigned his said appointment as 
one of the deputies aforesaid : 

Now, know ye, that I have appointed, and by these presents do appoint, 
the honorable William Blount, esq., one of the deputies to represent this 
State in the convention aforesaid, in the room and stead of the aforesaid 
Richard Caswell, hereby giving and granting to, the said William Blount, 
the same powers, privileges, and emoluments, which the said Richard 
Caswell would have been vested with, or entitled to, had he continued 
in the appointment aforesaid. 

Given under my hand, and the great seal of the State, at Kingston, 
the 23d day of April, A. D. 1787, and in the eleventh year of 
[l. s.] American independence. 

RICH. CASWELL. 

By his excellency's command. 

WINSTON CASWELL, P. Secretary. 

STATE OF NORTH CAROLINA. 

His excellency, Richard Caswell, esq., Governor, captain-general, and 

commander-in-chief, in and over the State aforesaid. 

To all to whom these presents shall come, greeting : 

Whereas, by an act of the General Assembly of the said State, passed 
the sixth day of January last, entitled " An act for appointing deputies 
from this State to a convention proposed to be held in the city of Phila- 
delphia, in May next, for the purpose of revising the Federal Constitu- 
tion," among other things it is enacted, " That five commissioners be 
appointed by joint ballot of both Houses of Assembly, who, or any three 
of them, are hereby authorized, as deputies from this State-, to meet at 
Philadelphia on the first day of May next, then and there to meet and 
confer with such deputies as may be appointed by the other States for 
Bmiilar purposes, and with them to discuss and decide upon the most 
effectual means to remove the defects of our Federal Union, and to pro- 
cure the enlarged purposes which it was intended to effect, and that they 



Ill 

report such an act to the General Assembly of this State, as, when 
agreed to by them, will effectually provide for the same." And it is by 
the said act further enacted, " That in case of the death or resignation 
^f any of the deputies, or their declining their appointments, his excel- 
lency the Goverpor, for the time being, is hereby authorized to supply 
such vacancies." And whereas, in consequence of the said act, Richard 
Caswell, Alexander Martin, William Richardson Davie, Richard Dobbs 
Spaight, and WilUe Jones, esqrs., were, by joint ballot of the two Houses 
of Assembly, elected deputies for the purposes aforesaid. And whereas 
the said Willie Jones hath declined his appointment as one of the depu- 
ties aforesaid : 

Now, know ye, that I have appointed, and by these presents do appoint, 
the honorable Hugh Williamson, esq., one of the deputies to represent 
this State in the convention aforesaid, in the room and stead of the afore- 
said Willie Jones, hereby giving and granting to the said Hugh Wil- 
liamson the same powers, privileges, and emoluments, which the said 
Willie Jones would have been vested with, and entitled to, had he acted 
under the appointment aforesaid. 

Given under my hand, and the great seal of the State, at Kingston, the 
third day of April, A. D. 1787, and in the eleventh year of 
[l. s.] American Independence. 

RICH. CASWELL. 

By his excellency's command. 

DALLAM CASWELL, Fro Secretary. 

DELAWARE. 

His excellency Thomas Collins, esq.. President, captain-general and 
commander-iji-chief of the Delaware State, to all to whom 
these presents shall come, greeting: Know ye, that among the 

[l. s.] laws of the said State, passed by the G^eneral Assembly of tho 
same, on the 3d day of February, in the year of our Lord 1787, 
it is thus enrolled : ^ 

In the eleventh year of the independence of the Delaware State : 

AN ACT appointing deputies from this State to the convention proposed 
to be held in the city of Philadelphia, for the purpose of revising the 
Federal Constitution. 

Whereas the General Assembly of this State are fully convinced of 
the necessity of revising the Federal Constitution, and adding thereto 
such further provisions as may render the same more adequate to the 

19 



178 

exigencies of the Union : And whereas the Legislature of Virginia have 
already passed an act of that Commonwealth, appointing and authorizing 
certain commissioners to meet, at the city of Philadelphia, in May next, 
a convention of commissioners or deputies from the different States ; 
and, this State being willing and desirous of co-operating with the Com- 
monwealth of Virginia and the other States in the Confederation in so 
useful a design : 

Be it therefore enacted hy the General Assembly of Delaware, That 
George Read, Gunning Bedford, John Dickinson, Richard Bassett, and 
Jacob Broom, esqrs., are hereby appointed deputies from this State to 
meet in the convention of the deputies of other States, to be held at the 
city of Philadelphia, on the 2d day of May next : And the said George 
Read, Gunning Bedford, John Dickinson, Richard Bassett, and Jacob 
Broom, esqrs., or any three of them, are hereby constituted and ap- 
pointed deputies from this State, with powers to meet such deputies as 
may be appointed and authorized by the other States to assemble in the 
said convention at the city aforesaid, and to join with them in devising, 
deliberating on, and discussing, such alterations and further provisions 
as may be necessary to render the Federal Constitution adequate to the 
exigencies of the Union, and in reporting such act or acts for that pur- 
pose to the United States in Congress assembled, as, when agreed to by 
them, and duly confirmed by the several States, may effectually provide 
for the same. So, always, and provided, that such alterations or fur- 
ther provisions, or any of them, do not extend to that part of the fifth 
article of the Confederation of the said States, finally ratified on the first 
day of March, in the year 1781, which declares that, "In determining 
questions in the United States in Congress assembled, each State shall 
have one vote." 

And he it enacted, That, in case any of the said deputies hereby nomi- 
nated shall happen to die, or to resign his or their appointment, the Pre- 
sident or commander-in-chief, with the advice of the privy council, in 
the recess of the General Assembly, is hereby authorized to supply 
such vacancies. 

Signed by order of the House of Assembly. 

JOHN COOK, SpeaTter. 

Passed at Dover, February 3, 1787. 

Signed by order of the Council. 

GEO. CRAGHED, Speaker. 

All and singular which premises, by the tenor of these presents, I 
have caused to be exemplified. . In testimony whereof, I have hereurito 



179 

subscribed my name, and caused the great seal of the said State to be 
affixed to these presents, at New Castle, the second day of April, in 
the year of our Lord 1787, and in the eleventh year of the independence 
of the United States of America. 

THOMAS COLLINS. 
Attest : James Booth, Secretary. 

GEORGIA. 

By the honorable George Mathews, esq., captain-general, Governor, 
and commander-in-chief, in and over the State aforesaid. 

To all to whom these presents shall come, greeting: 

Know ye, that John Milton, esq., who hath certified the annexed copy 
of an ordinance, entitled "An ordinance for the appointment of deputies 
from this State, for the purpose of revising the Federal Constitution," 
is secretary of the said State, in whose office the archives of the same 
are deposited; therefore, all due faith, credit, and authority, are, and 
ought to i»e, had and given the same. 

In testimony whereof, I have hereunto set my hand, and caused the 
great seal of the State to be put and affixed, at Augusta, this 
[l. s.] 24th day of April, in the year of our Lord 1787, and of our 
sovereignty and independence the eleventh. 

GEO. MATHEWS. 
By his honor's command. . ' 

J. MILTON. 

An ordinance for the appointment of deputies from this State, for the 
purpose of revising the Federal Constitution. 

Bfi it ordained, by the representatives of the freemen of the State of 
Georgia, in General Assembly met, and by the authority of the same, 
that William Few, Abraham Baldwin, William Pierce, George Walton, 
William Houston, and Nathaniel Pendleton, esqrs., be, and they are 
hereby, appointed commissioners, who, or any two or more of them, 
are hereby authorized, as deputies from this State, to meet such deputies 
as may be appointed and authorized by other States, to assemble in con- 
vention at Philadelphia, and to join with them in devising and discussing 
all such alterations and farther provisions as may be necessary to render 
the Federal Constitution adequate to the exigencies of the Union, and 
in reporting such an act for that purpose to the United States in Congress 



180 

assembled, as, when agreed to by them, and duly confirmed by the 
several States, will effectually provide for the same. In case of the 
death of any of the said deputies, or of their declining their appoint 
ments, the executive are hereby authorized to supply such vacancies. 

By order of the House. 

(Signed) WM. GIBBONS, Speaker . 

Augusta, the lOih February, 1787. 

Georgia, Secretary's Office. 
The above is a true copy from the original ordinance deposited in my 
office. J. MILTON, Secretary. 

Augusta, 24th April, 1787. 

The State of Georgia, by the grace of God, free, sovereign, and inde- 
pendent, 

To the honorable William Few, esq. 

, Whereas you, the said William Few, are, in and by an ordinance of 
the General Assembly of our said State, nominated and appointed a 
deputy to represent the same in a convention of the United Stutes, to be 
assembled at Philadelphia, for the purposes of devising and discussing 
all such alterations and farther provisions as may be necessary to render 
the Federal Constitution adequate to the exigencies of the Union : 

You are therefore hereby commissioned to proceed on the duties re- 
quired of you in virtue of the said ordinance. 

Witness our trusty and well-beloved George Mathews,, esq., our 
captain-general, Governor, and commander-in-chief, under his 
[l. s.] hand, and our great seal, at Augusta, this 17th day of April, in 
the year of our Lord 1787, and of our sovereignty and inde- 
pendence the eleventh. 

GEO. MATHEWS. 

By his honor's command. 

J. MILTON, Secretary. 

Commissions precisely similar to the above were given, on the 
said 17th April, 1787, to— 

The honorable William Pierce, esq. 
The honorable William Houston, esq. 



181 

STATE OF NEW YORK. 

By his excellency George Clirxton, esq., Governor of the State of New 
r^ g 1 York, general and commander-in-chief of all the militia, and 
admiral of the navy of the same : 

To all to whom these presents shall come. 

It is by these presents certified, that John M'Kesson, who has sub- 
scribed the annexed copies of resolutions, is clerk of the Assembly of 
rhis State. 
In testimony whereof, I have caused the privy seal of the said State 
to be hereunto affixed, this ninth day of May, in the eleventh 
year of the independence of the said State. 

GEO. CLINTON. 

State of New Yoek, in Assembly, February 28, 1787. 

A copy of a resolution of the honorable the Senate, delivered by Mr. 
Williams, was read, and is in the words following, viz. : 

Resolved, If the honorable the Assembly concur therein, that three 
d-elegates be appointed, on the part of this State, to meet such delegates 
as may be appointed on the part of the other States, respectively, on the 
second Monday in May next, at Philadelphia, for the sole and express 
purpose of revising the Articles of Confederation, and reporting to Con- 
gress, and to the several legislatures, such alterations and provisions 
therein as shall, when agreed to in Congress, and confirmed by the 
several States, render the Federal Constitution adequate to the exigen- 
cies of Government, and the preservation of the Union ; and that, in 
case of such concurrence, the two Houses of the legislature will, on 
Tuesday next, proceed to nominate and appoint the said delegates, in 
like manner as is directed by the Constitution of this State for nomi- 
nating and appointing delegates to Congress. 

Eesolved, That this House do concur with the honorable the Senate in 
the said resolution. 

In Assembly, March 6, 1787. 

Resolved, That the honorable Robert Yates, esq., and Alexander 
Hamilton and John Lansing, jun., esqrs., be, and they are hereby nomi- 
nated by this House, delegates on the part of this State, to meet such 
delegates as may be appointed on the part of the other States, respec- 
tively, on the second Monday in May next, at Philadelphia, pursuant 
to concurrent resolutions of both Houses of the legislature on the 28th 
ultimo. 

Resolved, That this House will meet the honorable the Senate imme- 

19* 



182 

diately, at such place as they shall appoint, to compare the lists of per- 
sons nominated by the Senate and Assembly, respectively, as delegates 
on the part of this State, to meet such delegates as may be appointed on 
the part of the other States, respectively, on the second Monday in May 
next, at Philadelphia, pursuant to concurrent resolutions of both Houses 
of the legislature on the 28th ultimo. 

Ordered, That Mr. N. Smith deliver a copy of the last preceding 
resolution to the honorable the Senate. 

A copy of a resolution of the honorable the Senate was delivered by 
Mr. Vanderbelt, that the Senate will immediately meet this House in 
the Assembly chamber, to compare the lists of persons nominated by 
the Senate and Assembly, respectively, as delegates, pursuant to the 
resolution before mentioned. 

The honorable the Senate accordingly attended in the Assembly 
chamber, to compare the lists of persons nominated for delegates, as 
above mentioned. 

The list of persons nominated by the honorable the Senate, were the 
honorable Robert Yates, esq., and John Lansing, jun., and Alexander 
Hamilton, esqrs., and on comparing the lists of the persons nominated 
by the Senate and Assembly, respectively, it appeared that the same 
persons were nominated in both lists ; thereupon, 

Resolved, That the honorable Robert Yates, John Lansing, jun., and 
Alexander Hamilton, esqrs,, be, and they are hereby declared duly 
nominated and appointed delegates, on the part of this State, to meet 
such delegates as may be appointed on the part of the other States, 
respectively, on the second Monday in May next, at Philadelphia, for 
the sole and express purpose of revising the Articles of Confederation, 
and reporting to Congress, and to the several legislatures, such altera- 
tions and provisions therein as shall, when agreed to in Congress, and 
confirmed by the several States, render the Federal Constitution adequate 
to the exigencies of Government, and the preservation of the Union. 

True extracts from the journals of the Assembly. 

JOHN M'KESSON, Clerk. 

STATE OF SOUTH CAROLINA. 

By his excellency Thomas Pinckney, esq.. Governor, and commander- 
in-chief, in and over the State aforesaid. 

To the honorable John Rutledge, esq., greeting: 

By virtue of the power and authority in me vested by the legislature 
of this State, in their act passed the eighth day of March last, I do 



183 

herebj' commission you, the seiid John Rutledge, as one of the deputies 
appointed from this State, to meet such deputies or commissioners as 
may be appointed and authorized by other of the United States, to as- 
semble in convention at the city of Philadelphia, in the month of May 
next, or as soon thereafter as may be, and to join with such deputies or 
commissioners (they being duly authorized and empowered) in devising 
and discussing all such alterations, clauses, articles, and provisions, as 
may be thought necessary to render the Federal Constitution entirely 
adequate to the actual situation and future good government of the con- 
federated States ; and that you, together with the said deputies or com- 
missioners, or a majority of them who shall be present, (provided the 
State be not represented by less than two,) do join in reporting such an 
act to the United States in Congress assembled, as, when approved and 
agreed to by them, and duly ratified and confirmed by the several States, 
will effectually provide for the exigencies of the Union. 

Given under my hand, and the great seal of the State, in the city of 
Charleston, this 10th day of April, in the year of our Lord 1787, 
[l. s.] and of the sovereignty and independence of the United States 
of America the eleventh. 

THOMAS PINCKNEY, 

By his excellency's command. 

PETER FRENEAU, Secretary: 

Commissions precisely similar to the above were given, on the 
said 10th April, 1787, to— 

The honorable Charles Pinckney, esq. 

The honorable Charles Cotesworth Pinckney, esq. 

The honorable Pierce Butler, esq. 

COMMONWEALTH OF MASSACHUSETTS. 

By his excellency James Bowdoin, esq., Governor of the Common- 
wealth of Massachusetts. 

To the honorable Francis Dana, Elbridge Gerry, Nathaniel Gorham, 
Rufus King, and Caleb Strong, esqrs., greeting: 

Whereas Congress did, on the 21st day of February, A. D. 17S7, 
rosolve, " That, in the opinion of Congress, it is expedient that, on the 
second Monday in May next, a convention of delegates, who shall have 
been appointed by the several States, to be held at Philadelphia, for the 
sole and express purpose of revising the Articles of Confederation, and 



184 

reporting to Congress, and the several legislatures, such alterations and 
provisions therein as shall, when agreed to in Congress, and confirmed 
by the States, render the Federal Constitution adequate to the exigencies 
of Government and the preservation of the Union." And whereas the 
general court have constituted and appointed you their delegates, to at- 
tend and represent this Commonwealth in the said proposed convention, 
and have, by a resolution of theirs of the tenth of March last, requested 
me to commission you for that purpose. 

Now, therefore, know ye, that in pursuance of the resolutions afore- 
said, I do, by these presents, commission you, the said JFrancis Dana, 
Elbridge Gerry, Nathaniel Gorham, Rufus King, and Caleb Strong, 
esqrs., or any three of you, to meet such delegates as may be appointed 
by the other, or any of the other States in the Union, to meet in con- 
vention at Philadelphia, at the time, and for the purposes aforesaid. 
In testimony whereof, I have caused the public seal of the Common- 
wealth aforesaid to be hereunto affixed. Given at the council 
[l. s.] chamber, in Boston, the ninth day of April, A. D. 1787, and in 
the eleventh year of the independence of the United States of 
America. JAMES BOWDOIN. 

By his excellency's command. 

JOHN AVERY, Jun., Secretary. 

STATE OF CONNECTICUT. 
At a General Assembly of the State of Connecticut, in America, holden 
[l. s.] at Hartford, on the second Thursday of May, A. D. 1787. 

AN ACT for appointing delegates to meet in a convention of the States, 

to be held at the city of Philadelphia, on the second Monday of May 

instant. 

Whereas the Congress of the United States, by their act of the 21st 
of February, 1787, have recommended that, on the second Monday of 
May instant, a convention of delegates, who shall have been appointed 
by the several States, be held at Philadelphia, for the sole and express 
purpose of revising the Articles of Confederation, 

Be it enacted by the Governor, council, and representatives, in gene- 
ral court assembled, and by the authority of the same, That the honor- 
able William Samuel Johnson, Roger Sherman, and Oliver Ellsworth, 
esqrs., be, and they hereby are, appointed delegates to attend the said 
convention, and are requested to proceed to the city of Philadelphia for 
that purpose, without delay ; and the said delegates, and, in case of sick- 
uess or accident, such one or more of them as shall actually attend the 



185 

said convention, is, and are hereby authorized and empowered to repre- 
sent this State therein, and to confer with such delegates appointed by 
the several States, for the purposes mentioned in the said act of Con- 
gress, that may be present and duly empowered to act in said conven- 
tion, and to discuss upon such alterations and provisions, agreeable to 
the general principles of republican government, as they shall think pro- 
per to render the Federal Constitution adequate to the exigencies of 
Government and the preservation of the Union; and they are further 
directed, pursuant to the said act of Congress, to report such alterations 
and provisions as may be agreed to by a majority of the United States 
represented in convention, to the Congress of the United States, and to 
the General Assembly of this State. 

A true copy of record, examined by 

GEORGE WYLLYS, Sec'ry. 

STATE OF MARYLAND. 

AN ACT for the appointment of, and conferring powers in, deputies 
from this State to the Federal Convention. 

Be it enacted hy the General Assembly of Maryla7id, That the honor- 
able James M'Henry, Daniel of St. Thomas Jenifer, Daniel Carroll, John 
Francis Mercer, and Luther Martin, esqrs., be appointed and authorized, 
on behedf of this State, to meet such deputies as may be appointed and 
authorized by any other of the United States, to assemble in convention 
at Philadelphia, for the purpose of revising the Federal system, and to 
join with them in considering such alterations and further provLsions as 
may be necessary to render the Federal Constitution adequate to the 
exigencies of the Union ; and in reporting such an act for that purpose 
to the United States in Congress assembled, as, when agreed to by them 
and duly confirmed by the several States, will effectually provide for the 
same ; and the said deputies, or such of them as shall attend the said 
convention, shall have full power to represent this State for the purposes 
aforesaid ; and the said deputies are hereby directed to report the pro 
ceedings of the said convention, and any act agreed to therein, to the 
next session of the General Assembly of this State. 

By the House of Delegates, May 26, 1787, read and assented to. 
By order::. WM. HAR WOOD, CZer^b. 

Tme copy firom the original. WM. HARWOOD, Clerk H. D.~ 

By the Senate, May 26, 1787, read and assented to. 

By order: J. DORSEY, Clerk. 

True copy from the original. J. DORSEY, Clerk Senate. 

W. SIVIALLWOOD. 
P 



186 

STATE OF NEW HAMPSHIRE. 

In the year of our Lord 1787. 
AN ACT for appointing deputies from this State to the convention, pro- 
posed to be holden in the city of Philadelphia, in May, 1787, for the 
purpose of revising the Federal Constitution. 

Whereas, in the formation of the Federal compact, which frames the 
bond of union of the American States, it was not possible in the infant 
state of our republic to devise a system which, in the course of time and 
experience, would not manifest imperfections that it would be necessary 
to reform. 

And whereas the limited powers, which by the Articles of Confedera- 
tion are vested in the Congress of the United States, have been found 
far inadequate to the enlarged purposes which they were intended to 
produce. And whereas Congress hath, by repeated and most urgent 
representations, endeavored to awaken this and other States of the Union 
to a sense of the truly critical and alarming situation in which they may 
inevitably be involved, unless timely measures be taken to enlarge the 
powers of Congress, that they may be thereby enabled to avert the danger 
which threaten our existence as a free and independent people. And 
whereas this State hath been ever desirous to act upon the liberal system 
of the general good of the United States, without circumscribing its views 
to the narrow and selfish objects of partial convenience, and has been at 
all times ready to make every concession to the safety and happiness of 
the whole, which justice and sound policy could vindicate. 

Be it therefore etiacted, by the Senate and House of Representatives in 
general court convened, that John Langdon, John Pickering, Nicholas 
Gilman, and Benjamin West, esqrs., be, and hereby are appointed com- 
missioners ; they, or any two of them, are hereby authorized and em- 
powered, as deputies from this State, to meet at Philadelphia said 
convention, or any other place to which the convention may be ad- 
journed, for the purposes aforesaid, there to confer with such deputies as 
are, or may be, appointed by the other States for similar purposes, and 
with them to discuss and decide upon the most effectual means to remedy 
the defects of our Federal Union, and to procure and secure the enlarged 
purposes which it was intended to effect, and to report such an act to the 
United States in Congress, as, when agreed to by them, and duly con- 
fi'-med by the several States, will effectually provide for the same. 



187 

STATE OF NEW HAMPSHIRE. 

In the House of Representatives, June 27, 1787. 

The foregoing bill having been read a third time — voted, that it pass 

to be enacted. Sent up for concurrence. 

JOHN SPARHAWK, S-peaTter. 

In Senate, the same day : The bill having been read a third time, 

voted, that the same be enacted. 

JOHN SULLIVAN, President. 

Copy examined, per 

JOSEPH PEARSON, Secretary, [l. s.] 



16. In pursuance of the foregoing' powers, the Delegates met in 
Convention at Philadelphia on the 14th day, being the second Mon- 
day in May, A. D. 1787, and on the 17th of September, 1787, 
agreed to the Constitution as contained in the preceding part of 
this compilation, [from page 1 to 23,] which they transmitted to 
the United States in Congress assembled, together with the fol- 
lowing resolutions and letter : 

In Convention, Monday, September 17, 1787. 
Present : The States of New Hampshire, Massachusetts, Connecticut, 

Mr. Hamilton from New York, New Jersey, Pennsylvania, Delaware, 

Maryland, Virginia, North Carolina, South Carolina, and Georgia. 

Resolved, That the preceding Constitution be laid before the United 
States in Congress assembled, and that it is the opinion of this conven- 
tion that it should afterwards be submitted to a convention of delegates, 
chosen in each State by the people thereof, under the recommendation 
of its legislature, for their assent and ratification ; and that each conven- 
tion, assenting to and ratifying the same, should give notice thereof, to 
the United States in Congress assembled. 

Resolved, That it is the opinion of this convention, that as soon as the 
conventions of nine States shall have ratified this Constitution, the United 
States in Congress assembled should fix a day on which electors should 
be appointed by the States which shall have ratified the same, and a day 
on which the electors should assemble to vote for the President, and the 
time and place for commencing proceedings under this Constitution. 
That after such publication the electors should be appointed, and the 
Senators and Representatives elected ; that the electors should meet on 
the day fixed for the election of the President, and should transmit their 
votes certified, signed, sealed, and directed, as the Constitution requires 



188 

to the Secretary of the United States in Congress assembled ; that the 
Senators and Representatives should convene at the time and place as- 
signed ; that the Senators should appoint a president of the Senate, for 
the sole purpose of receiving, opening, and counting the votes for Presi- 
dent ; and that, after he shall be chosen, the Congress, together with the 
President, should without delay, proceed to execute this Constitution. 

By the unanimous order of the convention. 

GEORGE WASHINGTON, President. 

William Jackson, Secretary. 

In Convention, September 17, 1787. 

Sir : We have now the honor to submit to the consideration of the 
United States in Congress assembled, that Constitution which has ap- 
peared to us the most advisable. x- 

The friends of our country have long seen and desired that the power 
of making war, peace, and treaties, that of levying money and regulating 
commerce, and the correspondent executive and judicial authorities, 
should be fully and effectually vested in the General Government of the 
Union ; but the impropriety of delegating such extensive trust to one 
body of men is evident : hence results the necessity of a different 
organization. 

It is obviously impracticable, in the Federal Government of these 
States, to secure all rights of independent sovereignty to each, and yet 
provide for the interest and safety of all. Individuals entering into so- 
ciety must give up a share of liberty to preserve the rest. The magni- 
tude of the sacrifice must depend as well on situation and circurtistance 
as on the object to be obtained. It is at all times difficult to draw with 
precision the line between those rights which must be surrendered and 
those which may be reserved ; and on the present occasion this difficulty 
was increased by a difference among the several States as to their situa- 
tion, extent, habits, and particular interests. 

In all our deliberations on this subject, we kept steadily in our view 
that which appears to us the greatest interest of every true American — 
the consolidation of our Union — in which is involved our prosperity, 
felicity, safety, perhaps our national existence. This important conside- 
ration, seriously and deeply impressed on our minds, led each State in 
the convention to be less rigid on points of inferior magnitude than might 
have been otherwise expected; and thus the Constitution which we 
now present is the result of a spirit of amity, and of that mutual defer- 
ence and concession which the peculiarity of our political situation ren- 
dered indispensable. 



189 

That it will meet the full and entire approbation of every State, is 
not, perhaps, to be expected; but each will doubtless consider that, had 
her interest been alone consulted, the consequences might have been 
particularly disagreeable or injurious to-Others ; that it is liable to as few 
exceptions as could reasonably have been expected, we hope and be- 
lieve ; that it may promote the lasting welfare of that country so dear to 
us all, and secure her freedom and happiness, is our most ardent wish. 

With great respect, we have the honor to be, sir, your excellency's 
most obedient humble servants. 
By unanimous order of the convention. 

GEORGE WASHINGTON, President. 
His excellency the President of Congress. 

17. Whereupon Congress passed the following resolution: 
UNITED STATES IN CONGRESS ASSEMBLED. 

Friday, September 28, 1787. 

Present : New Hampshire, Massachusetts, Connecticut, New York, 
New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South 
Carolina, and Georgia, and from Maryland Mr. Ross. 

Congress having received the report of the convention lately assem- 
bled in Philadelphia' — 

Resolved, unanimously, That the said report, with the resolutions and 
letter accompanying the same, be transmitted to the several legislatures, 
in order to be submitted to a convention of delegates chosen in each 
State by the people thereof, in conformity to the resolves of the conven- 
tion made and provided in that case. 

18. The States having accordingly passed acts for severally 
calling conventions, and the Constitution having been submitted 
to them, was ratified by the conventions of the several States, at 
the dates respectively as stated on page 24 of this compilation. 

THE UNITED STATES IN CONGRESS ASSEMBLED. 

Saturday, September 13, 1788. 

Congress assembled. Present: New Hampshire, Massachusetts, Con 
necticut. New York, New Jersey, Pennsylvania, Virginia, North Caro- 
lina, South Carolina, and Georgia; and from Rhode Island Mr. Arnold, 
and from Delaware Mr. Kearny. 

20 



190 

On the question to agree to the proposition which was yesterday post- 
poned by the State of Delaware, the yeas and nays being required by 
Mr. Oilman — 

New Hampshire Mr. Gilman, ay ) „ 

Wingate, ay) ^ 

Massachusetts Mr. Dana, ay ) 

Thatcher, ayf^^ 

Connecticut Mr. Huntington, ay) 

Wadsworth, ay) • 

New York Mr. Hamilton, ay) 

Gansevoort, ay) ^" 

New Jersey Mr. Clarke, ay) 

Dayton, ay) ^ 

Pennsylvania Mr. Irwine, ay"^ 

Meredith, ay ( 

Armstrong, ay f ^ 

Read, ayj 

Virginia Mr. Griffin, ay"^ 

Madison, ay I 

^: Carrington, ay [ ' 

Lee, ayJ 

South Carolina Mr. Parker, ay ) „„ 

Tucker, ay 5 ^^ 

Georgia i Mr. Few, ^^l av 

Baldwin, ay) " 

So it was resolved in the affirmative, as follows : 

Whereas the convention assembled in Philadelphia, pursuant to the 
resolution of Congress of the 21st of February, 1787, did, on the 17th 
of September in the same year, report to the United States in Congress 
assembled a Constitution for the people of the United States ; where- 
upon Congress, on the 28th of the same September, did resolve, unani- 
mously, "That the said report, with the resolutions and letter accom- 
panying the same, be transmitted to the several legislatures, in order to 
be submitted to a convention of delegates, chosen in each State by the 
people thereof, in conformity to the resolves of the convention made 
and provided in that case :" And whereas the Constitution so reported 
by the convention, and by Congress transmitted to the several legisla- 
tures, has been ratified in the manner therein declared to be sufficient 
for the establishment of the same, and such ratifications, duly authenti- 
cated, have been received by Congress, and are filed in the office of the 
Secretary; therefore — 

Resolved, That the first Wednesday in January next be the day for 
appointing electors in the several States, which, before the said day, 
shall have ratified the said Constitution; that the first Wednesday in 



191 

February next be the day for the electors to assemble in their respective 
States, and vote for a President ; and that the first Wednesday in March 
next be the time, and the present seat of Congress (New York) the 
place, for commencing the proceedings under the said Constitution. 

19. The elections were held in the several states for Electors, in 
conformity with the above resolution, and the Electors so appointed 
met as therein required, and voted for President and Vice Presi- 
dent, (the result of whose votes will be seen in the first table of 
electoral votes contained in this volume,) and the several states 
having, in conformity with the Constitution, elected the Senators 
and Representatives to which they were respectively entitled, pro- 
ceedings commenced under' the Constitution on the first Wednes- 
day, being the 4th day of March, 1789, by the meeting of the Sena- 
tors and Representatives in Congress on that day, from the eleven 
states which had then ratified the Constitution ; but a quorum not 
appearing in either House, the House of Representatives adjourned 
from day to day until Wednesday, the 1st of April, when a quo- 
rum, consisting of a majority of the whole number, appearing, they 
elected a speaker and clerk and proceeded to business; the Senate 
in like manner adjourned from day to day, until Monday, the 6th 
of April, when a quorum, consisting of a majority of the whole 
number of Senators, appearing, " the Senate proceeded, by ballot, 
to the choice of a President, for the sole purpose of opening and 
counting the votes for President of the United States." The Elec- 
toral votes were accordingly opened and counted on the 6th of 
April, 1789, in the presence of the Senate and House of Represen- 
tatives, and it appeared that George Washington was unanimously 
elected President, and that John Adams was duly elected Vice 
President of the United States, agreeably to the Constitution. The 
Senate then elected a President pro tempore, the Vice President 
not being present, and also a secretary, and proceeded to business; 
and having taken the proper measures to notify the individuals 
elected, John Adams, Vice President, appeared and assumed the 
chajr as President of the Senate on Tuesday the 21st of April. 
George Washington was introduced into the Senate Chamber, by 
the committee appointed for the purpose, on Thursday, April 30, 



192 

1789, and was attended to the gallery in front of the Senate Cham- 
ber by the Vice President and Senators, the Speaker and Repre- 
sentatives and other public characters present. The oath required 
by the Constitution was then administered to him by the Chancel- 
lor of the State of New York, who proclaimed, "Long live George 
Washington, President of the United States," after which the Pre- 
sident returned to the Senate Chamber and delivered his inaugural 
address to the Senate and House of Representatives. 

Thus commenced the proceedings of the Constitutional Govern- 
ment of the United States of America. The Executive and Legis- 
lative branches so installed, possessed from that time, under the 
Constitution, the power to make laws and appoint all the officers 
necessary to constitute the Judiciary Branch, as well as all the Ex 
ecutive Departments and subordinate offices, both civil and military , 
all of which was effected in a convenient and proper time, and the 
whole system, then for the first time put in motion, has continued 
to operate, improve, and mature, until it has acquired a capacity, 
stability, and power adequate to its own security and preservation, 
and to the protection of the rights, the honor, and interest of its 
citizens over the entire surface of the globe, as well as to the pre- 
servation of the lives, the liberty, and happiness of its people at 
home ; illustrating all the attributes of a good government, and 
proving incontestably the value and excellence of our own Consti- 
tution. - 



193 



CHAPTER 3. 

PROCEEDINGS IN THE CONGRESS OF THE UNITED COLONIES RL> 
SPECTING "A DECLARATION OF INDEPENDENCE, BY THE RF^ 
PRESENTATIVES OF THE UNITED STATES OF AMERICA, IN 
CONGRESS ASSEMBLED." 

IN THE CONGRESS OF THE UNITED COLONIES. 

Saturday, June 8, 1776. 

Resolved, That tlie resolutions respecting independency be referred to 
a committee of the whole Congress. 

The Congress then resolved itself into a committee of the whole ; and, 
after some time, the President resumed the chair, and Mr. Harrison re- 
ported, that the committee have taken into consideration the matter to 
them referred, but not having come to any resolution thereon, directed 
him to move for leave to sit again on Monday. 

Resolved, That this Congress will, on Monday next, at 10 o'clock, re- 
solve itself into a committee of the whole, to take into their farther con- 
sideration the resolutions referred to them. 

Monday, June 10, 1776. 
Agreeable to order, the Congress resolved itself into a committee of 
the whole, to take into their further consideration the resolutions to them 
referred ; and, after some time spent thereon, the President resumed the 
chair, and Mr. Harrison reported, that the committee have had under 
consideration the matters referred to them, and have come to a resolu- 
tion thereon, which they directed him to report. 
The resolution agreed to in committee of the whole being read, 
Resolved, That the consideration of the first resolution be postponed 
to Monday, the first day of July next ; and in the meanwhile, that no 
time be lost, in case the Congress agree thereto, that a committee be 
appointed to prepare a declaration to the eflTect of the said first resolution, 
which is in these words: " That these United Colonies are, and of right 
ought to be, free and independent States ; that they are absolved from 
all allegiance to the British crown : and that all political connexion be- 
tween them and the State of Great Britain is, and ought to be, totally 
dissolved." 

20* 



194 

Tuesday, June 11, 1776. 

Resolved, That the committee, for preparing the Declaration, consist 
of five: — The members chosen, Mr. Jefferson, Mr. John Adams, Mr. 
Franklin, Mr. Sherman, and Mr. R. R. Livingston. 

Tuesday, June 25, 1776. 
A declaration of the deputies of Pennsylvania, met in Provincial Con- 
ference, vv^as laid before Congress, and read, expressing their willingness 
to concur in a vote of Congress, declaring the United Colonies free and 
independent States. 

Fkiday, June 28, 1776. 

*' Francis Hopkinson, one of the delegates from New Jersey, attended, 
and produced the credentials of their appointment," containing the fol- 
lowing instructions : — " If you shall judge it necessary or expedient for 
this purpose, we empower you to join in declaring the United Colonies 
independent of Great Britam, entering into a confederation for union and 
common defence," &c. 

Monday, July 1, 1776. 

* A resolution of the convention of Maryland, passed the 28th of June, 
was laid before Congress and read," containing' the following instruc- 
tions to their deputies in Congress : — " That the deputies of said colony, 
or any three or more of them, be authorized and empowered to concur 
with the other United Colonies, or a majority of them, in declaring the 
United Colonies free and independent States ; in forming such further 
compact and confederation between them," &c. 

The order of the day being read. 

Resolved, That this Congress will resolve itself into a committee of the 
whole, to take into consideration the resolution respecting independency. 

That the declaration be referred to said committee. 

The Congress resolved itself into a committee of the whole. After 
some time the President resumed the chair, and Mr. Harrison reported, 
that the committee had come to a resolution, which they desired him to 
report, and to move for leave to sit again. 

The resolution agreed to by the committee of the whole being read, 
the determination thereof was, at the request of a colony, postponed 
until to-morrow. 

Resolved, That this Congress will, to-morrow, resolve itself into a 
committee of the whole, to take into consideration the declaration re- 
specting independence. 



195 

Tuesday, July 2, 1776. 

The Congress resumed the consideration of the resolution reported 
from the committee of the whole ; which was agreed to as follows : 

Guctli/t bo u-o, cJ^^ee atto nvae|vc4i-o-etvb O bateb j bko/b btt^eii/ o-ie til>- 
&-oii>eo pi&ni/ att alt/eo/LaH/ce bo btve tJjbtbL^tb cifruviv, aivo blvo/b ci/it/ 
lioti/tioal coiui/exi/Ojv uetiiveeti/ bti/em., aivo Uvo obcvbe al ^^^ea/b t^Jl-u. 
uauVj i/!)j aii/O o-iimU> bo !>&, bo-bo'tLU' oi/5^5-aLi>eo. 

Agreeable to the order of the day, the Congress resolved itself into a 
committee of the whole; and, after some time, the President resumed 
the chair, and Mr. Harrison reported, that the committee have had under 
consideration the declaration to them referred ; but, not having had time 
to go through the same, desired him to move for leave to sit again. 

Resolved, That this Congress will, to-morrow, again resolve itself into 
a committee of the whole, to take into their further consideration the 
declaration respecting independence. 

Wednesday, July 3, 1776. 

Agreeable to the order of the day, the Congress resolved itself into a 
committee of the whole, to take into their farther consideration the de- 
claration ; and, after some time, the President resumed the chair, and 
Mr. Harrison reported, that the committee, not having yet gone through 
it, desired leave to sit again. 

Resolved, That this Congress will, to-morrow, again resolve itself into 
a committee of the whole, to take into their farther consideration the 
Declaration of Independence. 

Thursday, July 4, 1776. 

Agreeably to the order of the day, the Congress resolved itself into a 
committee of the whole, to take into their farther consideration the 
Declaration ; and after some time the President resumed the chair, and 
Mr. Harrison reported that the committee had agreed to a declaration, 
which they desired him to report. 

The Declaration being read, was agreed to as follows : 

R Declaration hy the Representatives of the United States of America^ 
in Congress assembled. 

When, in the course of human events, it becomes necessary for 
one people to dissolve the political bands which have connected 



196 

them with another, and to assume, among the powers of the earth, 
the separate and equal station to which the laws of nature and of 
nature's God entitle them, a decent respect to the opinions of man- 
kind requires that they should declare the causes which impel them 
to the separation. 

We hold these truths to be self-evident, that all men are created 
equal ; that they are endowed by their Creator with certain unalien- 
able rights ; that among these, are life, liberty, and the pursuit of 
happiness. That, to secure these rights, governments are insti- 
tuted among men, deriving their just powers from the consent of 
the governed ; that, whenever any form of government becomes de- 
structive of these ends, it is the right of the people to alter or to 
abolish it, and to institute a new government, laying its foundation 
on such principles, and organizing its powers in such form, as to 
them shall seem most likely to effect their safety and happiness- 
Prudence, indeed, will dictate that governments long establishea, 
should not be changed for light and transient causes ; and, accord 
ingly, all experience hath shown, that mankind are more disposed 
to suffer, while evils are sufFerable, than to right themselves by 
abolishing the forms to which they are accustomed. But, when a 
long train of abuses and usurpations, pursuing invariably the same 
object, evinces a design to reduce them under absolute despotism, 
it is their right, it is their duty, to throw off such government, and 
to provide new guards for their future security. Such has been 
the patient sufferance of these colonies, and such is now the neces- 
sity which constrains them to alter their former systems of govern- 
ment. The history of the present king of Great Britain is a his- 
tory of repeated injuries and usurpations, all having, in direct 
object, the establishment of an absolute tyranny over these States. 
To prove this, let facts be submitted to a candid world : 

He has refused his assent to laws the most wholesome and 
necessary for the public good. 

He has forbidden his Governors to pass laws of immediate and 
pressing importance, unless suspended in their operation till his 
assent should be obtained ; and, when so suspended, he has utterly 
neglected 1 1 attend to them. 



197 

He has refused to pass other laws for the accommodation of 
large districts of people, unless those people would relinquish the 
right of representation in the legislature ; a right inestimable to 
them, and formidable to tyrants only. 

He has called together legislative bodies at places unusual, un- 
comfortable, and distant from the depository of their public records, 
for the sole purpose of fatiguing them into compliance with his 
measures. 

He has dissolved representative houses repeatedly, for opposing, 
with manly firmness, his invasions on the rights of the people. 

He has refused, for a long time after such dissolutions, to cause 
others to be elected ; whereby the legislative powers, incapable of 
annihilation, have returned to the people at large for their exercise ; 
the State remaining, in the mean time, exposed to all the danger 
of invasion from without, and convulsions within. 

He has endeavored to prevent the population of these States ; for 
that purpose, obstructing the laws for naturalization of foreigners ; 
refusing to pass others to encourage their migration hither, and 
raising the conditions of new appropriations of lands. 

He has obstructed the administration of justice, by refusing his 
assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone, for the tenure 
of their offices, and the amount and payment of their salaries. 

He has erected a multitude of new offices, and sent hither 
swarms of officers to harass our people, and eat out their sub- 
stance. 

He has kept am.ong us, in times of peace, standing armies, with- 
out the consent of our legislature. 

He has affected to render the military independent of, and supe- 
rior to, the civil power. 

He has combined, with others, to subject us to a jurisdiction 
foreign to our constitution, and unacknowledged by our laws ; 
giving his assent to their acts of pretended legislation : 

For quartering large bodies of armed troops among us : ^ 

For protecting them, by a mock trial, from punishment, for any 



198 

murders which they should commit on the inhabitants of these 
States : 

For cutting off our trade with all parts of the world : 

For imposing taxes on us without our consent: 

For depriving us, in many cases, of the benefits of trial by jury : 

For transporting us beyond seas to be tried for pretended of 
fences : 

For abolishing the free system of English laws in a neighboring 
province, establishing therein an arbitrary government, and enlarg- 
ing its boundaries, so as to render it at once an example and fit in- 
strument for introducing the same absolute rule into these colonies : 

For taking away our charters, abolishing our most valuable 
laws, and altering, fundamentally, the powers of our governments : 

For suspending our own legislatures, and declaring themselves 
invested with power to legislate for us in all cases whatsoever. 

He has abdicated government here, by declaring us out of his 
protection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our towns, 
and destroyed the lives of our people. 

He is, at this time, transporting large armies of foreign mer- 
cenaries to complete the works of death, desolation, and tyranny, 
already begun, with circumstances of cruelty and perfidy scarcely 
paralleled in the most barbarous ages, and totally unworthy the 
head of a civilized nation. 

He has constrained our fellow-citizens, taken captive on the high 
seas, to bear arms against their country, to become the executioners 
of their friends and brethren, or to fall themselves by their hands. 

He has excited domestic insurrections amongst us, and has en- 
deavored to bring on the inhabitants of our frontiers, the merciless 
Indian savages, whose known rule of warfare is an undistinguished 
destruction, of all ages, sexes, and conditions. 

In every stage of these oppressions, we have petitioned for 
redress, in the most humble terms ; our repeated petitions have 
been answered only by repeated injury. A prince, whose character 
is thus marked by every act which may define a tyrant, is unfit to 
be the ruler of a free people. 



199 

Nor have we been wanting in attention to our British brethren. 
We have warned them, from time to time, of attempts made by 
their legislature to extend an unwarrantable jurisdiction over us. 
We have reminded them of the circumstances of our emigration 
and settlement here. We have appealed to their native justice and 
magnanimity, and we have conjured them, by the ties of our com- 
mon kindred, to disavow these usurpations, which would inevitably 
interrupt our connections and correspondence. They, too, have 
been deaf to the voice of justice and consanguinity. We must, 
therefore, acquiesce in the necessity, which denounces our separa- 
tion, and hold them, as we hold the rest of mankind, enemies in 
war, in peace, friends. 

We, therefore, the representatives of the UNITED STATES 
OF AMERICA, in GENERAL CONGRESS assembled, appeal- 
ing to the Supreme Judge of the World for the rectitude of our in- 
tentions, do, in the name, and by the authority of the good people 
of these colonies, solemnly publish and declare. That these United 
Colonies are, and of right ought to be, i^ree anTi KixUepentieut 
States ; that they are absolved from all allegiance to the British 
crown, and that all political connexion between them and the state 
of Great Britain, is, and ought to be, totally dissolved ; and that, as 
FREE AND INDEPENDENT STATES, they have full power 
to levy war, conclude peace, contract alliances, establish commerce, 
and to do all other acts and things which INDEPENDENT 
STATES may of right do. And, for the support of this declara- 
tion, with a firm reliance on the protection of W^IOWNIB i32rl€)= 
Ui;I31HKC!C3S, we mutually pledge to each other, our lives, our 
fortunes, and our sacred honor. 

The foregoing declaration was, by order of Congress, engrossed, 
and signed by the following members : 

JOHN HANCOCK. 

New Hampshire. Massachusetts Bay. 

Josiah Bartlett, Samuel Adams, 

William Whipple, ' John Adams, 

Matthew Thornton. Robert Treat Paine, 

Elbridge Gerry. 



200 



Rhode Island. 
Stephen Hopkins, 
William Ellery. 

Connecticut. 
Roger Sherman, 
Samuel Huntington, 
William Williams, 
Oliver Wolcott. 

JVew York, 
William Floyd, 
Philip Livingston, 
Francis Lewis, 
Lewis Morris. 
JVew Jersey. 
Richard Stockton, 
John Witherspoon, 
Francis Hopkinson, 
John Hart, 
Abraham Clark. 
Pennsylvania. 
Robert Morris, 
Benjamin Rush, 
Benjamin Franklin, 
John Morton, 
George Clymer, 
James Smith, 
George Taylor, 
James Wilson, 
Georsre Ross. 



Delaware. 
Caesar Rodney, 
George Read, 
Thomas M'Kean. 

Maryland. 
Samuel Chase, 
William Paca, 
Thomas Stone, 
Charles Carroll,of Carrollton 

Virginia. 
George Wythe, 
Richard Henry Lee, 
Thomas Jefferson, 
Benjamin Harrison, 
Thomas Nelson, jun. 
Francis Lightfoot Lee, 
Carter Braxton. 

North Carolina. 
William Hooper," 
Joseph Hewes, 
John Penn. 

South Carolina. 
Edward Rutledge, 
Thomas Hey ward, jun. 
Thomas Lynch, jun. 
Arthur Middleton. 

Geoi'gia. 
Button Gwinnett, 
Lyman Hall, 
Georg-e Walton. 



Resolved, That copies of the Declaration be sent to the several 
assemblies, conventions, and committees, or councils of safety, and 
to the several commanding officers of the continental troops ; that 
it be proclaimed in each of the United States, and at the head 
the army. 



201 



CHAPTER 4. 

PROMINENT POLITICAL ACTS OF 

GEORGE WASHINGTON. 

Appointment of George Washington to be commander-in-chief of 
the army, by the Congress of the Confederation, on the 15tk 
June, 1775. 

Thursday, June 15, 1775. 

Agreeable to order, the Congress resolved itself into a Committee of 
the Whole, and, after some time, the President resumed the chair, and 
Mr. Ward reported that the committee had come to some farther resolu- 
tions, which he was ordered to report. 

The report of the committee being read and considered, 

Bcsolved, That a general be appointed to command all the Continental 
forces raised, or to be raised, for the defence of American liberty. 

That five hundred dollars per month be allowed for the pay and ex- 
penses of the general. 

The Congress then proceeded to the choice of a general, by ballot, and 
George Washington, esq., was unanimously elected. 

Friday, June 16, 1775. 

Met according to adjournment. [The Delegates from the Colonies of 
New Hampshire, Massachusetts Bay, Connecticut, New York, New 
Jersey, Pennsylvania, Delaware counties, Maryland, Virginia, North 
Carolina, and South Carolina, being present.] 

The President inlbrmed Colonel Washington that the Congress had 
yesterday unanimously made choice of him to be general and com- 
rnander-m-chief of the American forces, and requested he would accept 
of that employment ; to which Colonel Washington, standing in his 
place, answered : 

" Mr. President : 

" Though I am truly sensible of the high honor done me, in this ap- 
pointment, yet I feel great distress, from consciousness that my abilities 
and military experience may not be equal to the extensive and important 
trust : However, as the Congress desire it, I will enter upon the mo- 
Q 21 



202 

mentoiis duty, and exert every power I possess in tneir service, and for 
support of the glorious cause. I beg they will accept my most cordial 
thanks for this distinguished testimony of their approbation. 

"But, lest some unlucky event should happen, unfavorable to my 
reputation, I beg it may be remembered, by every gentleman in the 
room, that I, this day, declare with the utmost suicerity, I do not think 
myself equal to the command I am honored with. 

"As to pay, sir, I beg leave to assure the Congress, that, as no pe- 
cuniary consideration could have tempted me to accept this arduous 
employment, at the expense of my domestic ease and happiness, I do 
not wish to make any profit from it. I will keep an exact account of my 
expenses. Those, I doubt not, they will discharge, and that is all 1 
desire." 

Eesolved, That a committee be appointed to draught a commission and 
instructions for the general. 

The persons chosen to compose the committee, were Mr. Lee, Mr. E. 
Rutledge, and Mr. J. Adams. 

Saturday, June 17, 1775. 

Met according to adjournment. 

The committee appointed to draught a commission to fne general re- 
ported the same, which, being read by paragraphs and debated, was 
agreed to as follows : 

IN CONGRESS. 

The delegates of the United Colonies of New Hampshire, Massachu- 
setts Bay, Rhode Island, Connecticut, New York, New Jersey, 
Pennsylvania, the counties of Newcastle, Kent, and Sussex, on Dela- 
ware, Maryland, Virginia, North Carolina, and South Carolina: 

To Geor&e Washin&ton, Esq. 

We, reposing special trust and confidence in your patriotism, valor, 
conduct, and fidelity, do, by these presents, constitute and appoint you 
to be general and commander-in-chief of the army of the United Colo- 
nies, and of all the forces now raised, or to be raised by them, and of all 
others who shall voluntarily offer their service, and join the said army for 
the defence of American liberty, and for repelling every hostile invasion 
thereof: And you are hereby vested with full power and authority to 
act as you shall think for the good and welfare of the service. 

And we do hereby strictly charge and require all oflficers and soldiers, 
under your command, to be obedient to your orders, and diligent in the 
exercise of their several duties. 



203 

And we do also enjoin and require you, to be careful in executing the 
great trust reposed in you, by causing strict discipline and order to be 
observed in the army, and that the soldiers be duly exercised, and pro- 
vided with all convenient necessaries. 

And you are to regulate your conduct in every respect by the rules 
and discipline of war, (as herewith given you,) and punctually to observe 
and follow such orders and directions, from time to time, as you shall 
receive from this, or a future Congress of these United Colonies, or 
committee of Congress. 

This commission to continue in force until revoked by this, or a future 
Congress. 

By order of the Congress, 

Ordered, That the same be fairly transcribed, signed by the President, 
attested by the secretary, and delivered to the general. 

Resolved tmanimously, Whereas, the delegates of all the Colonies, 
from Nova Scotia to Georgia, in Congress assembled, have unanimously 
chosen George Washington, esq., to be general and commander-in-chief 
of such forces as are, or shall be, raised for the maintenance and pre- 
servation of American liberty ; this Congress doth now declare, that they 
will maintain and assist him, and adhere to him, the said George Wash- 
ington, with their lives and fortunes in the sam.e cause; 

Address of the President of Congress to George Washington, 
and his reply, 26th August, 1783 : 

Monday, August 25, 1783. 

Congress being informed of the arrival of the commander-in-chief in 
the neighborhood of Princeton : 

Ordered, That he have an audience in Congress to-morrow at twelve 
o'clock. 

Tuesday, August 26, 1783. 

According to order, General Washington attended, and being intro- 
duced by two members, the President addressed him as follows : 

Sm : Congress feel particular pleasure in seeing your excellency, and 
in congratulating you on the success of a war, in which you have acted 
so conspicuous a part. 

It has been the singular happiness of the United States, that during a 
war so long, so dangerous, and so important, Providence has been gra 
ciously pleased to preserve the life of a general, who has merited and 
possessed the uninterrupted confidence and affection of his fellow-citi- 
zens. In other nations many have performed sei-vices, for whuh they 



204 

have deserved and received the thanks of the public. But to you, sir, 
peculiar praise is due. Your services have been essential in acquiring 
and establishing the freedom and independence of your country. They 
deserve the grateful acknowledgments of a free and independent nation. 
Those acknowledgments Congress have the satisfaction of expressing to 
your excellency. 

Hostilities have now ceased, but your country still needs your ser- 
vices. She wishes to avail herself of your talents in forming the arrange- 
ments which will be necessary tor her in the time of peace. For this 
reason your attendance at Congress has been requested. A committee 
is appointed to confer with your excellency, and to receive your assist- 
ance in preparing and digesting plans relative to those important ob- 
jects. 

To which his excellency made the following reply : 

Mr. President : I ain too sensible of the honorable reception I have 
now experienced, not to be penetrated with the deepest feelings of gra- 
titude. 

Notwithstanding Congress appear to estimate the value of my life 
beyond any services I have been able to render the United States, yet I 
must be permitted to consider the wisdom and unanimity of pur national 
councils, the firmness of our citizens, and the patience and bravery of 
our troops, which have produced so happy a termination of the war, as 
the most conspicuous effect of the divine interposition and the surest 
presage of our future happiness. 

Highly gratified by the favorable sentiments which Congress are 
pleased to express of my past conduct, and amply rewarded by the con- 
fidence and affection of my fellow-citizens, I cannot hesitate to contribute 
my best endeavors towards the establishment of the national security in 
whatever manner the sovereign power may think proper to direct, until 
the ratification of the definitive treaty of peace, or the final evacuation 
of our country by the British forces ; after either of which events, I shall 
ask permission to retire to the peaceful shade of private life. 

Perhaps, sir, no occasion may offer more suitable than the present, to 
express my humble thanks to God, and my grateful acknowledgments 
to my country, for the great and uniform support I have received in 
every vicissitude of fortune, and for the many distinguished honors 
which Congress have been pleased to confer upon me in the course of 
the war. 



205 

Resignation, by George Washington, of the office of commander 
in-chief, to Congress, and answer of the President of Con- 
gress, 23d December, 1783. 

Saturday, Decembek 20, 1783. 

Congress assembled: Present, New Hampshire, Massachusetts, Rhode 
Island, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, 
and South Carolina. 

A letter, of this day, from the commander-in-chief, was read, inform- 
ing Congress of his arrival in this city, with the intention of asking 
leave to resign the commission he has the honor of holding in their ser- 
vice, and desiring to know their pleasure in what manner it will be most 
proper to offer his resignation ; whether in writing or at an audience. 
Whereupon, 

Resolved, That his excellency, the commander-in-chief, be admitted 
to a public audience, on Tuesday next, at twelve o'clock. 

Resolved, That a public entertainment be given to the commander-in- 
chief on Monday next. 

Tuesday, December 23, 1783. 

Congress assembled : Present as before. 

According to order, his excellency the commander-in-chief was ad- 
mitted to a public audience, and being seated, the President, after a 
pause, informed him, that the United States in Congress assembled were 
prepared to receive his communications : Whereupon he arose, and ad- 
dressed as follows : 



[To revive the recollection of this scene, and to renew, in the breasts of 
the American people, the emotions of gratitude, affection, and veneration, 
that swelled the hearts of Statesmen, Legislators, Warriors, and other 
citizens, on that ever- memorable occasion, much care has been taken to 
bring here to view the living Washington as he then appeared in the 
Congress Hall. Fortunately, the affectionate providence of his native 
state secured, in the best manner, the means of transmitting the sem- 
blance of those venerated features and form to posterity. The marble 
statue by Houdon, in the state-house at Richmond, is the most authentic 
likeness of George Washington extant ; from this has been tiken all that 
could be obtained from marble, the rest has been derived Irom the best 
paintings, and both combined by the artist who has produced this copy. 

21* 



206 

The sword is taken from the original, now in the Patent Office at Wash- 
ington. Washington is here represented in the manner that he desired 
to be, as will be seen by the following memoranda and correspondence : 

I3t the Legislature of Virginia, on Tuesday, the 22d June, 1784, it was 

Resolved, That the executive be requested to take measures for procuring a 
statue of General Washington, to be of the finest marble and the best workman- 
ship, with the following inscription on its pedestal : 

THE GENERAL ASSEMBLY OF THE COMMONW'EALTH OF VIRGINIA 

HAVE CAUSED THIS STATUE TO BE ERECTED 

AS A MONUMENT OF AFFECTION AND GRATITUDE TO 

^ GEORGE WASHINGTON ; 

WHO, 

UNITING TO THE ENDOWMENTS OF THE HERO THE VIRTUES OF THE PATRIOT, 

AND EXERTING BOTH IN ESTABLISHING THE LIBERTIES OF HIS COUNTRY, 

HAS RENDERED HIS NAME DEAR TO HIS FELLOW CITIZENS, 

AND GIVEN THE WORLD AN IMMORTAL EXAMPLE 

OF TRUE GLORY. 

[Tradition says that this brief but noble tribute was penned by James Madison 
on his knee, in the midst of the legislature of Virginia, of which he was then a 
member.] 

Accordingly Governor Harrison applied to Mr. Jefferson and Dr. Franklin, then 
in Paris, to engage a statuary. Mr. Houdon was engaged, and came to America, 
in 1785, in the same vessel with Dr. Franklin. He took from Mr. Jefferson a let- 
ter to Washington, from which the following is an extract : 

FROM JEFFERSON TO WASHINGTON. 

" Paris, 10 July, 1785 
"Mr. Houdon would much sooner have had the honor of attending you, but for 
a spell of sickness, which long induced us to despair of his recovery, and from 
which he is but recently recovered. He comes now, for the purpose of lending 
the aid of his art to transmit you to posterity. He is without rivalship in it, being 
employed from all parts of Europe in whatever is capital. He has had a diffi- 
culty to withdraw himself from an order of the Empress of Russia; a difficulty, 
however, that arose from a desire to show her respect, but which never gave him 
a moment's hesitation about his present voyage, which he considers as promising 
the brightest chapter of his history. I have spoken of him as an artist only ; but 
I can assure you also, that, as a man, he is disinterested, generous, candid, and 
panting for glory: in every circumstance meriting your good opinion. He will 
have need to see you much while he shall have the honor of being with you; 
which you can the more freely admit, as his eminence and merit give him admis- 
sion into genteel societies here." 

FROM WASHINGTON TO HOUDON 

"AfoMnf Terwon, 26 September, 1785. 
" Sir,— By a letter, which I have lately had the honor to receive from Dr. Frank- 
lin, at Philadelphia, I am informed of your arrival at that place. Many letters 



207 

from very respectable characters in France, as well as the Doctor's, inform me 
of tl)e occasion; for whicli, though the cause is not of my seeking, I feel the most 
agreeable and grateful sensations. I wish the object of your mission had been 
niore worthy of the masterly genius of the first statuary in Europe; for thus you 
are represented to me. 

"It will give me pleasure, sir, to welcome you to this seat of my retirement; 
and whatever I have, or can procure, that is necessary to your purposes, or con- 
venient and agreeable to your wishes, you must freely command, as inclination 
to oblige you will be among the last things in which I shall be found deficient, 
either on your arrival or during your stay. 

" With sentiments of esteem, I am, sir," &c. 

The artist reached Mount Vernon on the 3d of October, where he spent a fort- 
nighty devoted to the purpose of his visit. ^ 

FROM JEFFERSON TO WASHINGTON. 

" Paris, 4 January, 1786. 
"I have been honored with 3"our letter of September the 26th, which was de- 
livered me by Mr. Houdon, who is safely returned. He has brought with him the 
mould of the lace only, having left the other parts of his work with his workiut . 
to come by some other conveyance. Dr. Franklin, who was joined with me ii 
the superintendence of this just monument, having left us before what is caile 
the costume of the statue was decided on, I cannot so well sati.sfy myself, and I 
am persuaded I should not so well satisfy the v^^orld, as by consulting your own 
wish or inclination as to this article. Permit me, therefore, to ask you whetiier 
there is any particular dress, or any particular attitude, which you would rather 
wish to be adopted. I shall take a singular pleasure in having your own idea 
executed, if you will be so good as to make it known to me." 

FROM WASHINGTON TO JEFFERSON. 

'■'■Mount Ver7to?i, 1 August, 17S6. 
"In answer to your obliging inquiries respecting the dress and attitude, which 
I would wish to have given to the statue in question, I have only to observe, that, 
not having safiicient knowledge in the art of sculpture to oppose my judgment to 
the taste of connoisseurs, I do not desire to dictate in the matter. On the con- 
trary, I shall be perfectly satisfied with whatever may be judged decent and 
proper. I should even scarcely have ventured to suggest, tliat perhaps a servile 
adherence to the garb of antiquity might not be altogether so expedient, as some 
little deviation i?i favor of the modern costume, if I had not learnt from Colonel 
Humphreys, that this was a circumstance hinted in conversation by Mr. West to 
Mr. Houdon. The taste, which has been introduced in painting by West, I under- 
stand is received with applause, and prevails extensively." 

FROM JEFFERSON TO WASHINGTON. 

" Faris. 14 August, 1787. 
"T was happy to find, by the letter of August 1st, 17S6, which you did me the 
honor to write to me, that the moderfi dress for your statute xvoidd meet your approba- 
tion. I found it strongly the sentiment of West, Copley, Trumbull, and Brown, in 
London ; after which it would be ridiculous to add, that it was my own." 

This work, therefore, purports to be an exact portrait &\2Xue of Washington, — 
an authentic historical monument, — the costutne being that in lohich he was accus- 
tomed to appear as Commander-in-chief. No other statue was ever made from his 
person. This was modelled about two years after the close of his military career, 
in the fifty-fourth year of his age, a circumstance to be borne in mind in compar- 
ing it with later portraits. How well, in point of resemblance, it satisfied his 
contemporaries and associates, may be judged from the strong declaration of 
Judge ISIarshall to the person {Jared Sparks) to whom the world is indebted for 
the erection of Washington's literary monument, — that, to a spectator standing on 
the right hand of the statue, and taking a halt-front view, " it represented^ the 
original as perfectly as a living man could be represented in marble."] 



208 

Mr. President : The great events on which my re- 
signation depended having at length taken place, I have 
now the honor of offering my sincere congratulations to 
Congress, and of presenting myself before them, to sur- 
render into their hands the trust committed to me, and to 
claim the indulgence of retiring from the service of my 
country. 

Happy in the confirmation of our independence and 
sovereignty, and pleased with the opportunity afforded 
the United States of becoming a respectable nation, I 
resign with satisfaction the appointment I accepted with 
diffidence ; a diffidence in my abilities to accomplish so 
arduous a task ; which however was superseded by a con- 
fidence in the rectitude of our cause, the support of the 
supreme power of the Union, and the patronage of Heaven. 

The successful termination of the war has verified the 
most sanguine expectations ; and my gratitude for the 
interposition of Providence, and the assistance I have re- 
ceived from my countrymen, increases with every review 
of the momentous contest. 

While I repeat my obligations to the army in general, 
I should do injustice to my own feelings not to acknow- 
ledge, in this place, the peculiar services and distinguished 
merits of the gentlemen who have been attached to my 
person during the war. It was impossible the choice 
of confidential officers to compose my family should have 
been more fortunate. Permit me, sir, to recommend, in 
particular, those who have continued in the service to the 
present moment, as worthy of the favorable notice and 
patronage of Congress. 

] consider it an indispensable duty to close this last 
act of my official life by commending the interests of our 
dearest country to the protection of Almighty God, and 



^i'. 




209 

those who have the superintendence of them to his holy 
keeping. 

Having now finished the w^ork assigned me, I retire 
from the great theatre of action, and bidding an affec- 
tionate farewell to this august body, under whose orders 
I have so long acted, I here offer my commission, and 
take my leave of all the employments of public life. 

He then advanced and delivered to the President his commission, with 
a copy of his address, and having resumed his place, the President 
(Thomas Mifflin) returned him the following answer : 

Sir : The United States in Congress assembled receive, with emo- 
tions too affecting for utterance, the solemn resignation of the authorities 
under which you have led their troops with success through a perilous 
and doubtful war. Called upon by your country to defend its invaded 
rights, you accepted the sacred charge, before it had formed alliances, 
and whilst it was without funds or a government to support you. You 
have conducted the great military contest with wisdom and fortitude, 
invariably regarding the rights of the civil power through all disasters 
and changes. You have, by the love and confidence of your fellow- 
citizens, enabled them to display their martial genius, and transmit their 
fame to posterity. You have persevered till these United States, aided 
by a magnanimous king and nation, have been enabled, under a just 
Providence, to close the war in freedom, safety, and independence ; on 
which happy event we sincerely join you in congratulations. 

Having defended the standard of liberty in this new world ; having 
taught a lesson useful to those who inflict and to those who feel oppres- 
sion, you retire from the great . theatre of action, with the blessings of 
your fellow-citizens ; but the glory of your virtues will not terminate 
with your military command ; it will continue to animate remotest ages. 

We feel with you our obligations to the army in general, and will 
particularly charge ourselves with the interests of those confidential 
officers, who have attended your person to this affecting moment. • 

We join you in commending the interests of our dearest country to 
the protection of Almighty God, beseeching him to dispose the hearts 
and minds of its citizens to improve the opportunity afforded them of 
becoming a happy and respectable nation. And for you we address to 
him our earnest prayers, that a life so beloved may be fostered with all 
his care ; that your days may be happy as they have been illustrious ; 
and that he will fi.nally give you that reward which this v/orld cannot g-ive 



210 

ELECTION OF GEORGE WASHINGTON AS PRESIDENT 
OF THE UNITED STATES, AND HIS INAUGURAL AD- 
DRESS. 

Monday, April 6, 1789. 

The President of the Senate, elected for the purpose of counting 
the votes, declared to the Senate, that the Senate and House of 
Representatives had met, and that he, in their pxesence, had opened 
and counted the votes of the Electors for President and Vice Pre- 
sident of the United States ; whereby it appears that 

George Washington was unanimously elected President. 

Whereupon the following certificate and letter, prepared by a 
committee, consisting of Messrs. Paterson, Johnson, Lee, and 
Ellsworth, were adopted by the Senate, and signed by their Pre- 
sident. 

Be it known, That the Senate and House of Representatives of the 
LTnited States of America, being convened in the city and State of New- 
York, the sixth day of April, in the Year of our Lord one thousand seven 
hundred and eighty-nine, the underwritten, appointed President of the 
Senate, for the sole purpose of receiving, opening, and counting the 
votes of the Electors, did, in the presence of the said Senate and House 
of Representatives, open all the certificates, and count all the votes of 
the Electors for a President and for a Vice President ; by which it ap- 
pears that George Washington, esq., was unanimously elected, 
agreeably to the Constitution, to the office of President of the United 
States of America. 

In testimony whereof, I have hereunto set my hand and seal. 

^ JOHN LANGDON. 

New York, April 6, 1789. 

Sir : I have the honor to transmit to your Excellency the information 
of your unanimous election to the office of President of the United States 
of America. Suffer me, sir, to indulge the hope, that so auspicious a 
mark of public confidence will meet your approbation, and be considered 
as a sure pledge of the affection and support you are to expect from a 
free and enlightened people. 

I am, sir, with sentiments of respect, your obedient humble servant, 

JOHN LANGDON. 

To his Ex'cy George Washington, esq. 



211 



Thursday, April 30, 1789. 

The oath of office having been administered by the Chancelloi 
of the State of New York, in the presence of the Senate and 
House of Representatives, to George Washington, President of the 
United States, he then made the following Inaugural address : 

Fellow- Citizens of the Senate^ and 

of the House of Representatives: 

Among the vicissitudes incident to life, no event could have filled 
me with greater anxieties than that of which the notification was 
transmitted by your order, and received on the 14th day of the pre- 
sent month. On the one hand, I was summoned by my country, 
whose voice I can never hear but with veneration and love, from a 
retreat which I had chosen with the fondest predilection, and, in 
my flattering hopes, with an immutable decision, as the asylum of 
my declining years ; a retreat which was rendered every day more 
necessary, as well as more dear to me, by the addition of habit to 
inclination, and of frequent interruptions in my health, to the gra- 
dual waste committed on it by time. On the other hand, the mag- 
nitude and difficulty of the trust to which the voice of my country 
called me, being sufficient to awaken in the wisest and most expe- 
rienced of her citizens a distrustful scrutiny into his qualifications, 
could not but overwhelm with despondence one, who, inheriting 
inferior endowments from nature, and unpractised in the duties of 
civil administration, ought to be peculiarly conscious of his own 
deficiencies. In this conflict of emotions, all I dare aver, is, that 
it has been my faithful study to collect my duty from a just appre- 
ciation of every circumstance by which it might be affected. All 
I dare hope, is, that if, in executing this task, I have been too 
much swayed by a grateful remembrance of former instances, or 
by an affectionate sensibility to this transcendent proof of the con- 
fidence of my fellow-citizens, and have thence too little consulted 
my incapacity as well as disinclination for the weighty and untried 
cares before me, my error will be palliated by the motives which 
misled me, and its consequences be judged by my country, with 
some share of the partiality in which they originated. 



212 

Such being the impressions under which I have, in obedience to 
the public summons, repaired to the present station, it would be 
peculiarly improper to omit, in this first official act, my fervent sup- 
plications to that Almighty Being who rules over the universe — 
who presides in the councils of nations — and whose providential 
aids -can supply every human defect, that his benediction may con- 
secrate to the liberties and happiness of the people of the United 
States, a government instituted by themselves for these essential 
purposes : and may enable every instrument employed in its admin- 
istration to execute with success the functions allotted to his charge. 
In tendering this homage to the Great Author of every public and 
private good, I assure myself that it expresses your sentiments not 
less than my own; nor those of my fellow-citizens at large, less 
than either. No people can be bound to acknowledge and adore 
the invisible hand which conducts the affairs of men, more than 
the people of the United States. Every step by which they have 
advanced to the character of an independent nation, seems to have 
been distinguished by some token of providential agency ; and in 
the important revolution just accomplished in the system of their 
united government, the tranquil deliberations, and voluntary con- 
sent of so many distinct communities, from which the event has 
resulted, cannot be compared with the means by which most go- 
vernments have been established, without some return of pious 
gratitude, along with an humble anticipation of the future blessings 
which the past seem to presage. These reflections, arising out of 
the present crisis, have forced themselves too strongly on my mind 
to be suppressed. You will join with me, I trust, in thinking that 
there are none, under the influence of which the proceedings of a 
new and free government can more auspiciously commence. 

By the article establishing the executive department, it is made 
the duty of the President "to recommend to your consideration 
such measures as he shall judge necessary and expedient." The 
circumstances under which I now meet you Vv^ill acquit me from 
entering into that subject, farther than to refer to the great consti- 
tutional charter under which you are assembled; and which, in de- 
fining your powers, designates the objects to which your attention 
is to be given. It will be more consistent with those circumstances, 



213 

and far more congenial with the feelings which actuate me, to sub- 
stitute, in place of a recommendation of particular measures, the 
tribute that is due to the talents, the rectitude, and the patriotism, 
which adorn the characters selected to devise and adopt them. In 
tliese honourable qualifications I behold the surest pledges that, as 
on one side, no local prejudices or attachments, no separate views, 
nor party animosities, will misdirect the comprehensive and equal 
eye which ought to watch over this great assemblage of communi- 
ties and interests ; so, on another, that the foundations of our na- 
tional policy will be laid in the pure and immutable principles of 
private morality ; and the pre-eminence of free government be ex- 
emplified by all the attributes which can win the affections of its 
citizens, and command the respect of the world. I dwell on this 
prospect with every satisfaction which an ardent love for my coun- 
try can inspire : since there is no truth more thoroughly established, 
than that there exists in the economy and course of nature an indis- 
soluble union between virtue and happiness — between duty and 
advantage — between the genuine maxims of an honest and magna- 
nimous policy, and the solid rewards of public prosperity and feli- 
city ; since we ought to be no less persuaded that the propitious 
smiles of Heaven can never be expected on a nation that disregards 
the eternal rules of order and right, which Heaven itself has or- 
dained ; and since the preservation of the sacred fire of liberty, and 
the destiny of the republican model of government, are justly con- 
sidered as deeply, perhaps as finally, staked, on the experiment en- 
trusted to the hands of the American people. 

Besides the ordinary objects submitted to your care, it will re- 
main with your judgment to decide, how far an exercise of the 
occasional power delegated by the fifth article of the Constitution 
is rendered expedient at the present juncture, by the nature of ob- 
jections which have been urged against the system, or by tho 
degree of inquietude which has given birth to them. Instead of 
undertaking particular recommendations on this subject, in which 
I could be guided by no lights derived from official opportunities, 
I shall again give way to my entire confidence in your discernment 
and pursuit of the public good; for, I assure myself, that whilst 
you carefully avoid every alteration which might endanger the 

22 



214 

Denefits of an united and effective government, or which ought to 
await the future lessons of experience, a reverence for the charac- 
teristic rights of freemen, and a regard for the public harmony, 
will sufficiently influence your deliberations on the question, how 
far the former can be more impregnably fortified, or the latter be 
safely and advantageously promoted. 

To the preceding observations I have one to add, which will be 
most properly addressed to the House of Representatives. It con- 
cerns myself, and will, therefore, be as brief as possible. When I 
was first honored with a call into the service of my country, then 
on the eve of an arduous struggle for its liberties, the light in which 
I contemplated my duty, required that I should renounce every 
pecuniary compensation. From this resolution I have in no in- 
stance departed ; and being still under the impressions which pro- 
duced it, I must decline, as inapplicable to myselfrany share in the 
personal emoluments which may be indispensably included in a 
permanent provision for the executive department; and must ac- 
cordingly pray that the pecuniary estimates for the station in which 
I am placed, may, during my continuance in it, be limited to such 
actual expenditures as the public good may be thought to require. 

Having thus imparted to you my sentiments, as they have been 
awakened by the occasion which brings us together, I shall take 
my present leave ; but not without resorting once more to the benign 
Parent of the human race, in humble supplication, that, since ,he 
has been pleased to favor the American people with opportunities 
for deliberating in perfect tranquillity, and dispositions for decid- 
ing, with unparalleled unanimity, on a form of government for the 
security of their Union, and the advancement of their happiness, 
so his Divine blessing may be equally conspicuous in the enlarged 
views, the temperate consultations, and the wise measures, on 
which the success of this government must depend. 

G. WASHINGTON. 

April 30, 1789. 



215 



FAREWELL ADDRESS OF GEORGE WASHINGTON, PRE 
SIDENT, TO THE PEOPLE OF THE UNITED STATES, 
SEPTEMBER 17, 1796. 

Friends and Fellow-citizens : 

The period for a new election of a citizen to administer the Ex- 
ecutive Government of the United States being not far distant, and 
the time actually arrived when your thoughts must be employed in 
designating the person who is to be clothed with that important 
trust, it appears to me proper, especially as it may conduce to a 
more distinct expression of the public voice, that I should now ap- 
prize you of the resolution I have formed, to decline being con- 
sidered among the number of those out of whom a choice is to be 
made. 

I beg you, at the same time, to do me the justice to be assured 
that this resolution has not been taken without a strict regard to all 
the considerations appertaining to the relation which binds a dutiful 
citizen to his country ; and that, in withdrawing the tender of ser- 
vice, which silence, in my situation, might imply, I am influenced 
by no diminution of zeal for your future interest ; no deficiency of 
grateful respect for your past kindness ; but am supported by a full 
conviction that the step is compatible with both. 

The acceptance of, and continuance hitherto in, the office to 
which your suffrages have twice called me, have been a uniform 
sacrifice of inclination to the opinion of duty, and to a deference 
for what appeared to be your desire. I constantly hoped that it 
would have been much earlier in my power, consistently with mo- 
tives which I was not at liberty to disregard, to return to that re- 
tirement from which I had been reluctantly drawn. The strength 
of my inclination to do this, previous to the last election, had even 
led to the preparation of an address to declare it to you ; but mature 
reflection on the then perplexed and critical posture of our affairs 
with foreign nations, and the unanimous advice of persons entitled 
to my confidence, impelled me to abandon the idea. 

1 rejoice that the state of your concerns, external as well as m- 



216 

ternal, no longer renders the pursuit of inclination incompatible 
with the sentiment of duty or propriety ; and am persuaded, what- 
ever partiality may be retained for my services, that, in the present 
circumstances of our country, you will not disapprove my determi- 
nation to retire. 

The impressions with which I first undertook the arduous trust 
were explained on the proper occasion. In the discharge of this 
trust, I will only say, that I have with good intentions contributed 
towards the organization and administration of the Government 
the best exertions of which a very fallible judgment was capable. 
Not unconscious in the outset of the inferiority of my qualifica- 
tions, experience, in my own eyes — perhaps still more in the eyes 
of others— has strengthened the motives to difiidence of myself; 
and every day the increasing weight of years admonishes me, 
more and more, that the shade of retirement is as necessary to me 
as it will be welcome. Satisfied that if any circumstances have 
given peculiar value to my services, they were temporary, I have 
the consolation to believe that, while choice and prudence invite 
me to quit the political scene, patriotism does not forbid it. 

In looking forward to the moment which is intended to terminate 
the career of my public life, my feelings do not permit me to sus- 
pend the deep acknowledgment of that debt of gratitude which I 
owe to my beloved country for the many honors it has conferred 
upon me ; still more for the steadfast confidence with which it has 
supported me; and for the opportunities I have thence enjoyed of 
manifesting my inviolable attachment, by services faithful and per- 
severing, though in usefulness unequal to my zeal. If benefits 
have resulted to our country from these services, let it always be 
remembered to your praise, and as an instructive example in our 
annals, that, under circumstances in which the passions, agitated 
in every direction, were liable to mislead; amidst appearances 
sometimes dubious, vicissitudes of fortune often discouraging; in 
situations in which, not unfrequently, want of success has counte- 
nanced the spirit of criticism, — the constancy of your support was 
the essential prop of the efforts, and a guarantee of the plans, by 
which they were effected. Profoundly penetrated with this idea, 



217 

I shall carry it with me to my grave, as a strong- incitement to un- 
ceasing vows, that Heaven may continue to you the choicest to- 
kens of its beneficence; that your union and brotherly affection 
may be perpetual; that the free Constitution, which is the work 
of your hands, may be sacredly maintained; that its administra- 
tion, in every department, may be stamped with wisdom and vir- 
tue ; that, in fine, the happiness of the people of these States, un- 
der the auspices of liberty, may be made complete, by so careful a 
preservation and so prudent a use of this blessing as will acquire 
to them the glory of recommending it to the applause, the affec- 
tion, and the adoption of every nation which is yet a stranger 
to it. 

Here, perhaps, I ought to stop ; but a solicitude for your wel- 
fare, which cannot end but with my life, and the apprehension of 
danger natural to that solicitude, urge me, on an occasion like the 
present, to offer to your solemn contemplation, and to recommend 
to your frequent review, some sentiments, which are the result of 
much reflection, of no inconsiderable observation, and which ap- 
pear to me all-important to the permanency of your felicity as a 
people. These will be afforded to you with the more freedom, as 
you can only see in them the disinterested warnings of a parting 
friend, who can possibly have no personal motive to bias his 
counsel ; nor can I forget, as an encouragement to it, your indul- 
gent reception of my sentiments on a former and not dissimilar 
occasion. 

Interwoven as is the love of liberty with every ligament of your 
hearts, no recommendation of mine is necessary to fortify or con- 
firm the attachment. 

The unity of government, which constitutes you one people, is 
^Iso now dear to you. It is justly so ; for it is a main pillar in 
the edifice of your real independence — the support of your tran- 
quillity at home, your peace abroad, of your safety, of your pros- 
perity, of that very liberty which you so highly prize. But as it 
is eaf'.y to foresee that, from different causes and from different 
quarters, much pains will be taken, many artifices employed, to 
weaken in your minds the conviction of this truth ; as this is the 
R 22* 



218 

point in your political fortress against which the batteries of in- 
ternal and external enemies will be most constantly and actively 
(though often covertly and insidiously) directed, — it is of infinite 
moment that you should properly estimate the immense value of 
your national union to your collective and individual happiness; 
that you should cherish a cordial, habitual, and immovable attach- 
ment to it; accustoming" yourselves to think and speak of it as of 
the palladium of your political safety and prosperity ; watching 
for its preservation with jealous anxiety; discountenancing what- 
ever may suggest even a suspicion that it can, in any event, be 
abandoned ; and indignantly frowning upon the first dawning of 
every attempt to alienate any portion of our country from the rest, 
or to enfeeble the sacred ties which now link together the various 
parts. 

For this you have every inducement of sympathy and interest. 
Citizens by birth or choice, of a common country, that country has 
a right to concentrate your affections. The name of American, 
which belongs to you in your national capacity, must always exalt 
the just pride of patriotism, more than any appellation derived from 
local discriminations. With slight shades of difference, you have 
the same religion, manners, habits, and political principles. You 
have, in a common cause, fought and triumphed together; the in- 
dependence and liberty you possess are the work of joint counsels 
and joint efforts, of common dangers, sufferings, and successes. 

But these considerations, however powerfully they address them- 
selves to your sensibility, are greatly outweighed by those which 
apply more immediately to your interest ; here every portion of our 
country finds the most commanding motives for carefully guarding 
and preserving the union of the whole. 

The North, in an unrestrained intercourse with the South, pro- 
tected by the equal laws of a common government, finds, in the 
productions of the latter, great additional resources of maritime and 
commercial enterprise, and precious materials of manufacturing 
industry. The South, in the same intercourse, benefiting by the 
agency of the North, sees its agriculture grow, and its commerce 
expand. Turning partly into its own channels the seamen of the 



219 

North, it finds its particular navigation invigorated ; and while it 
contributes, in different ways, to nourish and i^icrease the general 
mass of the national navigation, it looks forward to the protection 
of a maritime strength to which itself is unequally adapted. The 
East, in like intercourse with the West, already finds, and in the 
progressive improvement of interior communication, by land and 
water, will more and more find, a valuable vent for the commodi- 
ties which it brings from abroad, or manufactures at home. The 
West derives from the East supplies requisite to its grow^th and 
comfort; and what is perhaps of still greater consequence, it must, 
of necessity, owe the secure enjoyment of indispensable outlets for 
its own productions, to the weight, influence, and the future mari- 
time strength of the Atlantic side of the Union, directed by an indis- 
soluble community of interest as one nation. Any other tenure by 
which the West can hold this essential advantage, whether derived 
from its own separate strength, or from an apostate and unnatural 
connexion with any foreign power, must be intrinsically precarious. 

While, then, every part of our country thus feels an immediate 
and particular interest in union, all the parts combined cannot fail 
to find, in the united mass of means and efforts, greater strength, 
greater resource, proportionably greater security from external dan- 
ger, a less frequent interruption of their peace by foreign nations ; 
and what is of inestimable value, they must derive from union an 
exemption from those broils and wars between themselves, which 
so frequently afflict neighboring countries, not tied together by the 
same government; which their own rivalships alone would be suf- 
ficient to produce, but which opposite foreign alliances, attach- 
ments, and intrigues, would stimulate and imbitter. Hence, like- 
wise, they will avoid the necessity of those over-grov/n military 
establishments, which, under any form of government, are inaus 
picious to liberty, and which are to be regarded as particularly hos- 
tile to republican liberty ; in this sense it is that your union ought 
to be considered as a main prop of your liberty, and that the love 
of the one ought to endear to you the preservation of the other. 

These considerations speak a persuasive language to every reflect- 
ing and virtuous mind, and exhibit the continuance of the Union 
as a primary object of patriotic desire. Is there a doubt, whether 



220 

a common government can embrace so large a sphere 1 Let expe- 
rience solve it. To listen to mere speculation, in such a case, 
were criminal. We are authorized to hope, that a proper organiza- 
tion of the whole, v»^ith the auxiliary agency of governments for 
the respective subdivisions, will afford a happy issue to the expe- 
rim.ent. It is well v/orth a fair and full experiment. With such 
powerful and obvious motives to Union, affecting all parts of our 
country, while experience shall not have demonstrated its imprac- 
ticability, there will always be reason to distrust the patriotism of 
those, who, in any quarter, may endeavor to weaken its bands. 

In contemplating the causes which may disturb our Union, it 
occurs, as a matter of serious concern, that any ground should have 
been furnished for characterizing parties by geographical discrimi- 
nations — Northern and Southern — Atlantic and Western: whence 
designing men may endeavor to excite a belief that there is a real 
difference of local interests and views. One of the expedients of 
party to acquire influence within particular districts, is to misre- 
present the opinions and aims of other districts. You cannot shield 
yourselves too much against the jealousies and heart-burnings 
which spring from these misrepresentations ; they tend to render 
alien to each other those who ought to be bound together by frater- 
nal affection. The inhabitants of our western country have lately 
had a useful lesson on this head ; they have seen in the negotiation 
by the Executive, and in the unanimous ratification by the Senate, 
of the treaty with Spain, and in the universal satisfaction at that 
event throughout the United States, a decisive proof how unfounded 
■were the suspicions propagated among them, of a policy in the 
General Government, and in the Atlantic States, unfriendly to their 
interests in regard to the Mississippi : they have been witnesses to 
the formation of two treaties — that with Great Britain, and that 
with Spain, which secure to them every thing they could desire in 
respect to our foreign relations, towards confirming their prospe- 
rity. Will it not be their wisdom to rely for the preservation of 
these advantages on the Union by which they were procured 1 
Will they not henceforth be deaf to these advisers, if such there 
are, who would sever them from their brethren, and connect them 
with aliens ? 



221 

To the efficacy and permanency of your Union, a Government 
for the whole is indispensable. No alliance, however strict be- 
tween the parts, can be an adequate substitute ; they must inevi- 
tably experience the infractions and interruptions which all alli- 
ances, in all time, have experienced. Sensible of this momentous 
truth, you have improved upon your first essay, by the adoption 
of a Constitution of Government better calculated than your former 
for an intimate Union, and for the efficacious manag-ement of your 
common concerns. This Government, the offspring of our own 
choice, uninfluenced and unawed, adopted upon full investigation 
and mature deliberation, completely free in its principles, in the 
distribution of its powers, uniting security with energy, and con- 
taining within itself a provision for its own amendment, has a just 
claim to your confidence and your support. Respect for its au- 
thority, compliance with its laws, acquiescence in its measures, 
are duties enjoined by the fundamental maxims of true liberty. 
The bases of our political systems, is the right of the people to 
make and to alter their constitutions of Government: but the Con- 
stitution which at any time exists, till changed by an explicit and 
authentic act of the whole people, is sacredly obligatory upon all. 
The very idea of the power, and the right of the people to establish 
Government, pre-supposes the duty of every individual to obey the 
established Government. 

All obstructions to the execution of the laws, all combinations 
and associations, under whatever plausible character, with the real 
design to direct, control, counteract, or awe the regular delibera- 
tion and action of the constituted authorities, are destructive to this 
fundamental principle, and of fatal tendency. They serve to or- 
ganize faction, to give it an artificial and extraordinary force, to put 
in the place of the delegated will of the nation, the will of a party, 
often a small but artful and enterprising minority of the commu- 
nity ; and, according to the alternate triumphs of different parties, 
to make the public administration the mirror of the ill-concerted 
and incongruous projects of faction, rather than the organ of con- 
sistent and wholesome plans, digested by common counsels, and 
modified by mutual interests. ^ i 



222 

However combinations or associations of the above description 
may now and then answer popular ends, they are likely, in the 
course of time and things, to become potent engines, by which 
cunning, ambitious, and unprincipled men, will be enabled to sub- 
vert the power of the people, and to usurp for themselves the reins 
of Government; destroying, afterwards, the very engines which 
had lifted them to unjust dominion. 

Towards the preservation of your Government, and the perma- 
nency of your present happy state, it is requisite, not only that you 
steadily discountenance irregular oppositions to its acknowledged 
authoiity, but also that you resist with care the spirit of innovation 
upon its principles, however specious the pretexts. One method 
of assault may be to effect, in the forms of the Constitution, altera- 
tions which will impair the energy of the system, and thus to 
undermine what cannot be directly overthrown. In all the changes 
to which you may be invited, remember that time and habit are at 
least as necessary to fix the true character of governments as of 
other human institutions ; that experience is the surest standard by 
which to test the real tendency of the existing constitution of a 
country; that facility in changes, upon the credit of mere hypo- 
thesis and opinion, exposes to perpetual change, from the endless 
variety of hypothesis and opinion ; and remember, especially, that 
for the efficient management of your common interests, in a coun- 
try so extensive as ours, a Government of as much vigor as is 
consistent with the perfect security of liberty, is indispensable. 
Liberty itself will find in such a Government, with powers pro- 
perly distributed and adjusted, its surest guardian. It is, indeed, 
little else than a name, where the Government is too feeble to with- 
stand the enterprises of faction, to confine each member of the society 
within the limits prescribed by the laws, and to maintain all in the 
secure and tranquil enjoyment of the rights of person and property. 

I have already intimated to you the danger of parties in the State, 
with particular reference to the founding of them on geographical 
discriminations. Let me now take a more comprehensive view, 
and warn you, in the most solemn manner, against the baneful 
effects of the spirit of party generally. 



223 

Tills spirit, unfortunately, is inseparable from our nature, having 
its root in the strongest passions of the human mind. It exists 
under different shapes, in all Governments, more or less stifled, 
controlled, or repressed ; but in those of the popular form it is seen 
in its greatest rankness, and is truly their worst enemy. 

The alternate domination of one faction over another, sharpened 
by the spirit of revenge, natural to party dissension, vt^hich, in dif- 
ferent ages and countries, has perpetrated the most horrid enormi- 
ties, is itself a frightful despotism. But this leads, at length, to a 
more formal and permanent despotism. The disorders and miseries 
which result, gradually incline the minds of men to seek security 
and repose in the absolute power of an individual ; and, sooner or 
later, the chief of some prevailing faction, more able or more fortu- 
nate than his competitors, turns this disposition to the purposes of 
his own elevation on the ruins of public liberty. 

Without looking forward to an extremity of this kind, (which, 
nevertheless, ought not to be entirely out of sight,) the common and 
continual mischiefs of the spirit of party are sufficient to make it the 
interest and duty of a wise people to discourage and restrain it. 

It serves always to distract the public councils, and enfeeble the 
public administration. It agitates the community with ill-founded 
jealousies and false alarms ; kindles the animosity of one part 
against another ; foments, occasionally, riot and insurrection. It 
opens the door to foreign influence and corruption, which find a 
facilitated access to the Government itself, through the channels 
of party passions. Thus the policy and the will of one country 
are subjected to the policy and will of another. 

There is an opinion that parties, in free countries, are useful 
checks upon the administration of the Government, and serve to 
keep alive the spirit of liberty. This, within certain limits, is pro- 
bably true ; and in Governments of a monarchical cast, patriotism 
may look with indulgence, if not with favor, upon the spirit of 
party. But in those of the popular character, in Governments 
purely elective, it is a spirit not to be encouraged. From their 
natural tendency, it is certain there will always be enough of that 
spirit for every salutary purpose. And there being constant danger 



224 

of excess, the effort oug-ht to be, by force of public opinion, to 
mitigate and assuage it. A fire not to be quenched, it demands a 
uniform vigilance to prevent its bursting into a flame, lest, instead 
of warming, it should consume. 

It is important, likewise, that the habits of thinking, in a free 
country, should inspire caution in those intrusted with its adminis- 
tration, to confine themselves within their respective constitutional 
spheres, avoiding, in the exercise of the powers of one department, 
to encroach upon another. The spirit of encroachment tends to 
consolidate the powers of all the departments in one, and thus to 
create, whatever the form of Government, a real despotism. A 
just estimate of that love of power, and proneness to abuse it which 
predominates in the human heart, is sufficient to satisfy us of the 
truth of this position. The necessity of reciprocal checks in the 
exercise of political power, by dividing and distributing it into dif- 
ferent depositories, and constituting each the guardian of the public 
weal, against invasions by the others, has been evinced by experi- 
ments, ancient and modern ; some of them in our own country, and 
under our own eyes. To preserve them must be as necessary as to 
institute them. If, in the opinion of the people, the distribution 
or modification of the constitutional powers be, in any particular, 
wrong, let it be corrected by an amendment in the way which the 
Constitution designates. But let there be no change by usurpa- 
tion ; for though this, in one instance, may be the instrument of 
good, it is the customary weapon by which free Governments are 
destroyed. The precedent must always greatly overbalance, in 
permanent evil, any partial or transient benefit which the use can, 
at any time, yield. 

Of all the dispositions and habits which lead to political pros- 
perity, religion and morality are indispensable supports. In vain 
would that man claim the tribute of patriotism, who should labor 
to subvert these great pillars of human happiness, these firmest 
props of the duties of men and citizens. The mere politician, 
equally with the pious man, ought to respect and to cherish them. 
A volume could not trace all their connexions with private and 
public felicity. Let it simply be asked, where is the security for 



225 

property, for reputation, for life, if the sense of religious obligation 
desert the oaths which are the instruments of investigation in courts 
of justice ? And let us with caution indulge the supposition, that 
morality can be maintained without religion. Whatever may be 
conceded to the influence of refined education on minds of peculiar 
structure, reason and experience both forbid us to expect that na- 
tional morality can prevail in exclusion of religious principles. 

It is substantially true, that virtue or morality is a necessary 
spring of popular Government. The rule, indeed, extends with 
more or less force to every species of free Government. Who, that 
is a sincere friend to it, can look with indifference upon attempts 
to shake the foundation of the fabric ? 

> Promote, then, as an object of primary importance, institutions 
for the general diffusion of knowledge. In proportion as the struc- 
ture of a Government gives force to public opinion, it is essential 
that public opinion should be enlightened. . 

As a very important source of strength and security, cherish 
public credit. One method of preserving it is to use it as spar- 
ingly as possible ; avoiding occasions of expense by cultivating 
peace, but remembering also that timely disbursements to prepare 
for danger, frequently prevent much greater disbursements to repel 
it ; avoiding, likewise, the accumulation of debt, not only by shun- 
ning occasions of expense, but by vigorous exertions in time of 
peace to discharge the debts which unavoidable wars may have 
occasioned ; not ungenerously throwing upon posterity the burden 
which we ourselves ought to bear. The execution of tiiese maxims 
belongs to your representatives, but it is necessary that public 
opinion should co-operate. To facilitajie to them the performance 
of their duty, it is essential that you should practically bear in 
mind, that towards the payment of debts there must be revenue; 
that to have revenue there must be taxes ; that no taxes can be de- 
vised, which are not more or less inconvenient and unpleasant • 
that the intrinsic embarrassment inseparable from the selection 
of the proper objects, (which is always a choice of difficulties,) 
ought to be a decisive motive for a candid construction of the con- 
duct of tho Government in making it, and for a spirit of acquies- 

23 



226 

ceiice in the measures for obtaining revenue, wliich the public 
exigencies may at any time dictate. 

Observe good faith and justice towards all nations; cultivate 
peace and harmony with all ; religion and morality enjoin this con- 
duct; and can it be that good policy does not equally enjoin if? 
It will be worthy of a free, enlightened, and, at no distant period, 
a great nation, to give to mankind the magnanimous and too novel 
example of a people always guided by an exalted justice and be- 
nevolence. Who can doubt that, in the course of time and things, 
the fruits of such a plan would richly repay any temporary advan- 
tages which might be lost by a steady adherence to it ] Can it be 
that Providence has not connected the permanent felicity of a na- 
tion with its virtue ? The experiment, at least, is recommended by 
every sentiment which ennobles human nature. Alas ! is it ren- 
dered impossible by its vices'? 

In the execution of such a plan, nothing is more essential than 
that permanent inveterate antipathies against particular nations, 
and passionate attachments for others, should be excluded; and 
that, in place of them, just and amicable feelings towards all should 
be cultivated. The nation which indulges towards another an 
habitual hatred, or an habitual fondness, is, in some degree, a slave. 
It is a slave to its animosity or to its affection ; either of which is 
sufficient to lead it astray from its duty and its interest. Antipathy 
in one nation against another, disposes each more readily to offer 
insult and injury, to lay hold of slight causes of umbrage, and to 
be haughty and intractable, when accidental or trifling occasions 
of dispute occur. Hence frequent collisions, obstinate, envenomed, 
and bloody contests. The nation, prompted by ill will and re- 
sentment, sometimes impels to war the Government, contrary to 
the best calculations of policy. The Government sometimes par- 
ticipates in the national propensity, and adopts, through passion, 
what reason would reject; at other times it makes the animosity 
of the nation subservient to projects of hostility, instigated by 
pride, ambition, and other sinister and pernicious motives. The 
peace often, sometimes perhaps the liberty, of nations has been th^ 
victim. 



227 

So, likewise, a passionate attachment of one nation to another 
produces a variety of evils. Sympathy for the favorite nation, fa- 
cilitating the illusion of an imaginary common interest, in cases 
where no real common interest exists, and infusing into one the 
enmities of the other, betrays the former into a participation in the 
quarrels and wars of the latter, without adequate inducement or 
justification. It leads also to concessions to the favorite nation of 
privileges denied to others, which is apt doubly to injure the na- 
tion making the concessions ; by unnecessarily parting with what 
ought to have been retained, and by exciting jealousy, ill will, and 
a disposition to retaliate, in the parties from whom equal privileges 
are withheld ; and it gives to ambitious, corrupted, or deluded citi- 
zens (who devote themselves to the favorite nation) facility to be- 
tra}"", or sacrifice the interest of their own country, without odium ; 
sometimes even with popularity ; gilding with the appearance of ci- 
virtuous sense of obligation, a commendable deference for public 
opinion, or a laudable zeal for public good, the base or foolish 
compliances of ambition, corruption, or infatuation. 

As avenues to foreign influence in innumerable ways, such at- 
tachments are particularly alarming to the truly enlightened and 
independent patriot. How many opportunities do they afford to 
tamper with domestic factions, to practise the art of seduction, to 
mislead public opinion, to influence or awe the public councils ! 
Such an attachment of a small or weak, towards a great and pow- 
erful nation, dooms the former to be the satellite of the latter. 

Against the insidious wiles of foreign influence (I conjure you 
to believe me, fellow-citizens) the jealousy of a free people ought 
to be constantly awake ; since history and experience prove that 
foreign influence is one of the most baneful foes of republican Go- 
vernment. But that jealousy, to be useful, must be impartial; else 
it becomes the instrument of the very influence to be avoided, in- 
stead of a defence against it. Excessive partiality for one foreign 
nation, and excessive dislike for another, cause those whom they 
actuate to see danger only on one side, and serve to veil, and even 
second, the arts of influence on the other. Real patriots, who may 
resist the intrigues of the favorite, are liable to become suspected 



228 

and odious ; while its tools and dupes usurp the applause and con- 
fidence of the people, to surrender their interests. 

The great rule of conduct for us, in regard to foreign nations, is, 
in extending our commercial relations, to have with them as little 
political connexion as possible. So far as we have already formed 
engagements, let them be fulfilled with perfect good faith. Here 
let us stop. 

Europe has a set of primary interests, which to us have none, or 
a very remote relation. Hence she must be engaged infrequent 
controversies, the causes of which are essentially foreign to our 
concerns. Hence, therefore, it must be unwise in us to implicate 
ourselves, by artificial ties, in the ordinary vicissitudes of her poli- 
tics, or the ordinary combinations and collisions of her friendships 
or enmities. 

Our detached and distant situation invites and enables us to pur- 
sue a different course. If we remain one people, under an efficient 
Government, the period is not far off when we may defy material 
injury from external annoyance ; when we may take such an atti- 
tude as will cause the neutrality we may at any time resolve upon, 
to be scrupulously respected ; when belligerent nations, under the 
impossibility of making acquisitions upon us, will not lightly 
hazard the giving us provocation ; when we may choose peace or 
war, as our interest, guided by justice, shall counsel. 

Why forego the advantages of so peculiar a situation 1 Why 
quit our own to stand upon foreign ground ? Why, by interweav- 
ing our destiny with that of any part of Europe, entangle our peace 
and prosperity in the toils of European ambition, rivalship, interest, 
humor, or caprice ] 

It is our true policy to steer clear of permanent alliances with 
any portion of the foreign world ; so far, I mean, as we are now at 
liberty to do it ; for let me not be understood as capable of patron- 
ising infidelity to existing engagements. I hold the maxim no less 
applicable to public than to private affairs, that honesty is always 
tne best policy. I repeat it, therefore, let those engagements be 
observed in their genuine sense. But, in my opinion, it is unne- 
cessary, and would be unwise to extend them. 



229 

Taking care always to keep ourselves, by suitable establish- 
ments, on a respectable defensive posture, we may safely trust to 
temporary alliances for extraordinary emergencies. 

Harmony, and a liberal intercourse with all nations, are recom- 
mended by policy, humanity, and interest. But even our com- 
mercial policy should hold an equal and impartial hand ; neither 
seeking nor granting exclusive favors or preferences; consulting 
the natural course of things ; diffusing and diversifying, by gentle 
means, the streams of commerce, but forcing nothing ; establish- 
ing, with powers so disposed, in order to give trade a stable course, 
to define the rights of our merchants, and to enable the Government 
to support them, conventional rules of intercourse, the best that 
present circumstances and mutual opinions will permit, but tempo- 
rary, and liable to be, from time to time, abandoned or varied, as 
experience and circumstances shall dictate ; constantly keeping 
in view, that it is folly in one nation to look for disinterested favors 
from another; that it must pay, with a portion of its independence, 
for whatever it may accept under that character; that by such ac- 
ceptance it may place itself in the condition of having given equiva- 
lents for nominal favors, and yet of being reproached with ingratitude 
for not giving more. There can be no greater error than to expect, 
or calculate upon, real favors from nation to nation. It is an illu- 
sion which experience must cure, which a just pride ought to dis- 
card. 

In offering to you, my countrymen, these counsels of an old and 
affectionate friend, I dare not hope they will make the strong and 
lasting impression I could wish ; that they will control the usual 
current of the passions, or prevent our nation from running the 
course which has hitherto marked the destiny of nations ; but if I 
may even flatter myself that they may be productive of some partial 
benefit, some occasional good ; that they may now and then recur 
to moderate the fury of party spirit, to warn against the mischiefs 
of foreign intrigues, to guard against the impostures of pretended 
patriotism ; this hope will be a full recompense for the solicitude 
for your welfare by which they have been dictated. 1 

How far, in the discharge of my official duties, I have been 

23*' 



230 

g-uided by the principles which have been delineated, the public 
records, and other evidences of my conduct, must v/itness to you 
and the world. To myself, the assurance of my own conscience 
is, that I have at least believed myself to be guided by them. 

In relation to the still subsisting war in Europe, my proclama 
tion of the 22d of April, 1793, is the index to my plan. Sanctioned 
by your approving voice, and by that of your Representatives in 
both Houses of Congress, the spirit of that measure has continually 
governed me, uninfluenced''by any attempts to deter or divert me 
from it. 

After deliberate examination, with the aid of the best lights I 
could obtain, I was well satisfied that our country, under all the 
circumstances of the case, had a right to take, and was bound in' 
duty and interest to take, a neutral position. Having taken it I 
determined, as far as should depend upon me, to maintain it with 
moderation, perseverance, and firmness. 

The considerations which respect the right to hold this conduct, 
it is not necessary on this occasion to detail, I will only observe, 
that, according to my understanding of the matter, that right, so 
far from being denied by any of the belligerent powers, has been 
virtually admitted by all. 

The duty of holding a neutral conduct may be inferred, without 
any thing more, from the obligation which justice and humanity 
impose on every nation, in cases in which it is free to act, to main- 
tain inviolate the relations of peace and amity towards other nations. 

The inducements of interest, for observing that conduct, will 
best be referred to your own reflections and experience. With me, 
a predominant motive has been to endeavor to gain time to our 
country to settle and mature its yet recent institutions, and to pro- 
gress, without interruption, to that degree of strength and con- 
sistency which is necessary to give it, humanly speaking, the 
command of its own fortunes. 

Though in reviewing the incidents of my administration, I am 
unconscious of intentional error ; I am, nevertheless, too sensible 
of my defects not to think it probable that I may have committed 
many errors. Whatever they may be, I fervently beseech the Al- 



231 

mighty to avert or mitigate the evils to which they may tend. 1 
shall also carry with me the hope, that my country will never 
cease to view them with indulgence ; and that, after forty-five 
years of my life dedicated to its service with an upright zeal, the 
faults of incompetent abilities will be consigned to oblivion, as my- 
self must soon be to the mansions of rest. 

Relying on its kindness in this, as in other things, and actuated 
by that fervent love towards it which is so natural to a man who 
views in it the native soil of himself and his progenitors for seve- 
ral generations, I anticipate, with pleasing expectation, that retreat 
in which I promise myself to realize, without alloy, the sweet en- 
joyment of partaking, in the midst of my fellow-citizens, the benign 
influence of good laws under a free Government — the ever favorite 
object of my heart — and the happy reward, as I trust, of our mutual 
cares, labors, and dangers. 

GEORGE WASHINGTON. 

United States, 17th September, 1796. 



GEORGE WASHINGTON, 

APPOINTED LIEUTENANT-GENERAL AND COMMANDER-IN-CHIEF 
OF ALL THE ARMIES RAISED OR TO BE RAISED IN THE UNITED 
STATES, BY AND WITH THE ADVICE AND CONSENT OF THE 

SENATE.— July 3, 1798. 

The calm and peaceful retreat which the great Wash- 
ington promised himself beneath his own vine and fig-tree, 
in taking an affectionate leave of his fellow- citizens in nis 
farewell address, was destined to be of short duration, for, 
difficulties having arisen with the then existing government 
of France, "the opinion was universally entertained, that 
Washington must be called on to take the command of 
the armies." The weight of his name and character was 



232 

of the utmost importance to produce unanimity in the 
leaders, and to secure the confidence and support of the 
people. His extreme aversion to enter again into public 
life was known ; but it was likewise well understood, tha* 
it was a principle with him, from which he had never 
deviated, that when his services were demanded by the 
general voice of his fellow- citizens, he never refused to 
bestow them ; under this impression, therefore, the Pre- 
sident, John Adams, had made up his mind to nominate 
him to the Senate in any event, both because he was the 
best man, and because the nation would not be satisfied 
with any other course, and he therefore declared to him, 
in a letter of the 22d June, 1798, that " We must have 
your name, if you will in any case permit us to use it. 
There will be more efficacy in it than in many an army.'' 
And the Secretary of War, James McHenry, on the 
26th June, 1798, said to him — ^^ You see how the storm 
thickens, and that our vessel will soon require its ancient 
pilot. Will you, — may we flatter ourselves, that, in a 
crisis so awful and important, you will accept the com- 
mand of all our armies ? I hope you will, because you 
alone can unite all hearts and all hands." — To the Presi- 
dent, Washington replied on the 4lh July, 1798, that 
" At the epoch of my retirement, an invasion of these 
States by any European power, or even the probability 
of such an event happening in my days, was so far from 
being contemplated by me, that I had no conception that 
that, or any other occurrence would arise in so short a 
period, which could turn my eyes from the shades of 
Mount Vernon. But this seems to be the age of wonders ; 
and it is reserved for intoxicated and lawless France (for 
nurposes of Providence far beyond the reach of human 



233 

ken) to slaughter its own citizens, and to disturb the re- 
pose of all the world besides." 

" From a view of the past and the present, and from 
the prospect of that which seems to be expected, it is not 
easy for me to decide, satisfactorily, on the part it might 
best become me to act. In case of actual invasion by a 
formidable force, I certainly should not intrench myself 
under the cover of age (67) and retirement, if my ser- 
vices should be required by my country to assist in re- 
pelling it." 

To the Secretary of War, Washington replied also on 
the 4th July, 1798, — <' The sentiments, which I mean to 
express to you in this letter on the subject of yours, shall 
be frank, undisguised and explicit ; for I see, as you do, 
that clouds are gathering, and that a storm may ensue ; 
and I find, too, from a variety of hints, that my quiet 
under these circumstances does not promise to be of long 
continuance. 

" It cannot be necessary for me to premise to you, or 
to others, who know my sentiments as well, that, to quit 
the tranquil walks of retirement, and enter a boundless 
field of responsibility and trouble, would be productive 
of sensations, which a better pen than I possess would 
find it difficult to describe. Nevertheless, the principles 
by which my conduct has been actuated through life 
would not suffer me, in any great emergency, to withhold 
any services I could render, required by my country; 
especially in a case where its dearest rights are assailed 
by lawless ambition and intoxicated power, contrary to 
every principle of justice, and in violation of solemn com- 
pacts and laws, which govern all civilized nations ; and 
this, too, with the obvious intent to sow thick the seeds 



234 

of disunion, for the purpose of subjugating the govern- 
ment, and destroying our independence and happiness." 

"In circumstances like these, accompanied by an 
actual invasion of our territorial rights, it would be diffi- 
cult at any time for me to remain an idle spectator under 
the plea of age or retirement. With sorrow, it is true, I 
should quit the shades of my peaceful abode, and the 
ease and happiness I now enjoy, to encounter anew the 
turmoils of war, to which, possibly, my strength and 
powers might be found incompetent. These, however, 
should not be stumbling-blocks in m,y own way." 

" As my whole life has been dedicated to my country 
in one shape or another, for the poor remains of it, it is 
not an object to contend for ease and quiet, when all that 
is valuable in it is at stake, further than to be satisfied 
that the sacrifice I should make of these is acceptable 
and desired by my country." 

Before the reception of these communications from Washington, the 
following proceedings took place :— • 

IN EXECUTIVE SESSION, SENATE OF THE UNITED 

STATES. 

Monday, July 2, 1798. 
The following written message was received from the President of the 
United States, by Mr. Malcom his secretary :— 

Gentlemen of the Senate : — 

I nominate George Washington, of Mount Vernon, to 
be Lieutenant-general and Commander-in-chief of all the 
armies raised, or to be raised, in the United States. 

Tinned States, July 2, 1798. J^^^ ^^^^S' 

The message was read. 

Ordered, That it lie for consideration. 



235 

Tuesday, July 3, 1798. 

The Senate took into consideration the message of the President of 
the United States, of the 2d instant, and the nomination contained there- 
in, of George Washington, to office. Whereupon, 

On the question to advise and consent to the appointment, it was de- 
termined in the affirmative : Yeas, 24. 

The yeas and nays being required by one-fifth of the Senators present, 
Those who voted in the affirmative, are — Messrs. Anderson, Bingham, 
Brown, Chipman, Clayton, Foster, Goodhue, Greene, Hillhouse, How- 
ard, Langdon, Latimer, Laurance, Livermore, Martin, Mason, North, 
Paine, Read, Rutherford, Sedgwick, Stockton, Tazewell and Tracy. 

So it was, 

Resolved, unanimously, That they do advise and con- 
sent to the appointment, agreeably to the nomination. 

The following correspondence then ensued : — 

Extract of a letter from John Adams, President of the United States, 
to James McHenry, Secretary of War : 

" Fhiladelphia, July 6, 1798. 

"Dear Sir, — It is my desire, that you embrace the 
first opportunity to set out on your journey to Mount 
Vernon, and wait on General Washington with the com- 
mission of lieutenant-general and commander-in-chief of 
the armies of the United States, which, by the advice 
and consent of the Senate, has been signed by me. 

" The reasons and motives, which prevailed with me 
to venture on such a step as the nomination of this great 
and illustrious character, whose voluntary resignation 
alone occasioned my introduction to the office I now 
hold, were too numerous to be detailed in this letter, and 
are too obvious and important to escape the observation 
of any part of America or Europe. But, as it is a move- 
ment of great delicacy, it will require all joiu address tc 
communicate the subject in a manner that shall be inof- 



236 

fensive to his feeiings, and consistent with all the respect 
that is due from me to him. 

"If the General should decline the appointment, all 
the world will be silent and respectfully acquiesce. If 
he should accept it, all the world, except the enemies of 
this country, will rejoice. If he should come to no deci- 
sive determination, but take the subject into considera- 
tion, I shall not appoint any other lieutenant-general till 
his conclusion is known." 

" His advice in the formation of a list of officers would 
be extremely desirable to me." <« Particularly I wish to 
have his opinion of the men most suitable for inspector- 
general, adjutant-general, and quartermaster-general." 

<' His opinion on all subjects would have great weight ; 
and I wish you to obtain from him as much of his reflec- 
tions upon the times and the service as you can." 



Fhiladelphia, July 7, 1798. 

Dear Sir, — Mr. McHenry, the Secretary of War, will 
have the honor to wait on you, in my behalf, to impart 
to you a step I have ventured to take, and which I should 
have been happy to have communicated in person, if 
such a journey had been at this time in my power. As 
I said in a former letter, if it had been in my power to 
nominate you to be President of the United States, I 
should have done it with less hesitation and more plea- 
sure. My reasons for this measure will be too well 
known to need any explanation to the public. Every 
friend and every enemy of America will comprehend 
them at first blush. To you, sir, I owe all the apologies 
I can make. The urgent necessity I am in of your 



237 

advice and assistance, indeed of your conduct and direc- 
tion of the war, is all I can urge, and that is a sufficient 
justification to myself and the world. I hope it will be 
so considered by yourself. Mr. McHenry will have the 
hoiior to consult you upon the organization of the army, 
and upon every thing relating to it. 

With the highest respect, I have the honor to be, sir, 
your most obedient and most humble servant, 

John Adams. 



Mount Vernon, July 13, 1798. 

Dear Sir, — I had the honor, on the evening of the 
11th instant, to receive from the hands of the Secretary 
of War your favor of the 7th, announcing that you had, 
with the advice and consent of the Senate, appointed me 
lieutenant-general and commander-in-chief of all the 
armies raised or to be raised for the service of the United 
States. 

I cannot express how greatly affected I am at this 
new proof of public confidence, and the highly flattering 
manner in which you have been pleased to make the 
communication ; at the same time I must not conceal 
from you my earnest wish, that the choice had fallen on 
a man less declined in years, and better qualified to en- 
counter the usual vicissitudes of war. 

You know, sir, what calculations I had made relative 
to the probable course of events on my retiring from 
office, ana the determination I had consoled myself with, 
of closing the remnant of my days in my present peace- 
ful abode. You will, therefore, be at no loss to conceive 
and appreciate the sensations I must have experienced, 
to bring my mind to any conclusion that would pledge ^ 

24 



238 

me, at so late a period of life, to leave scenes I sincerel} 
love, to enter upon the boundless field of public action, 
incessant trouble, and high responsibility. 

It was not possible for me to remain ignorant of, or 
indifferent to, recent transactions. The conduct of the 
Directory of France towards our country, their insidious 
hostilities to its government, their various practices to 
withdraw the affections of the people from it, the evident 
tendency of their arts and those of their agents to coun- 
tenance and invigorate opposition, their disregard of 
solemn treaties and the laws of nations, their war -upon 
our defenceless commerce, their treatment of our minister 
of peace, and their demands, amounting to tribute, could 
not fail to excite in me corresponding sentiments with 
those which my countrymen have so generally expressed 
in their affectionate addresses to you. Believe me, sir, 
no one can more cordially approve of the wise and pru- 
dent measures of your administration. They ought to 
inspire universal confidence, and will, no doubt, combined 
with the state of things, call from Congress such laws 
and means as will enable you to meet the full force and 
extent of the crisis. '" - 

Satisfied, therefore, that you have sincerely wished 
and endeavoured to avert war, and exhausted to the last 
drop the cup of reconciliation, we can with pure hearts 
appeal to Heaven for the justice of our cause, and may 
confidently trust the final result to that kind Providence, 
which has heretofore and so often signally favored the 
people of these United States. 

Thinking in tliis manner, and feeling how incumbent 
it is upon every person of every description to contribute 
at all times to his country's welfare, and especially in a 



239 

moment like the present, when every thing we hold dear 
is so seriously threatened, I have finally determined to 
accept the commission of commander-in-chief of the 
armies of the United States ; with the reserve only, that 
I shall not be called into the field until the army is in a 
situation to require my presence, or it becomes indis- 
pensable by the urgency of circumstances. 

In making this reservation, I beg to be understood, 
that I do not mean to withhold any assistance to arrange 
and organize the army, which you may think I can 
afibrd. I take the liberty also to mention, that I must 
decline having my acceptance considered as drawing 
after it any immediate charge upon the public, and that 
I cannot receive any emoluments annexed to the appoint- 
ment, before entering into a situation to incur expense. 

The Secretary of War being anxious to return to the 
seat of government, I have detained him no longer than 
was necessary to a full communication upon the several 
points he had in charge. 

With very great respect and consideration, I have the 
honor to be, &c. 

George Washington. 



240 




TO THE MEMORY OF 
GEOHOIS WASHinaTOir, 

BORN FEBRUARY 22, 1732. — DIED AT MOUNT VERNON, DECEMBER 14, 1799. 

The illustrious Washington having filled the measure 
of his country's glory and exalted his own political and 
military fame and private character far above the standard 
of excellence attained by the greatest man of modern or 
ancient times ; and having, on every occasion, performed 
his duty to his country, not only with that fidelity and 
devotion which became a good citizen, but with that 
wisdom, affection, and paternal solicitude which ^ have 
obtained for him, by the unanimous voice of mankind, 
the title of <« Father of his Country," was called, on 
the 14th December, 1799, by the Almighty Father of 
Heaven, we hope, to the enjoyment of that rich reward 
which is reserved for those who act well their part on 
earth. 



241 

The universal gloom which pervaded the hearts of his 
countrymen on that solemn occasion, seems so far to 
have commingled with the veneration for his character 
which has been transmitted to posterity, as to inspire in 
the patriot's heart an indescribable awe in approaching 
the mementos of his glory, around which there is a halo 
so brilliant and penetrating as to reach the inmost intel- 
ligence of man, and to purify the moral and intellectual 
being, by the contemplation of every attribute that was 
excellent and noble in human nature. It is salutary to 
remember the outpourings of affection and sorrow on the 
departure of those whose virtues and goodness have en- 
deared them to our hearts, it elevates the finer feelings 
of our nature, as the presence of innocence promotes the 
contemplation of that angelical virtue. 

The sons and daughters of America mourned the loss 
their country had sustained in the death of their Wash- 
ington, with a cause of sorrow w^hich no other people, in 
any case, to the same extent could plead ; their govern- 
ment, in unison with the feelings of the people, demon- 
strated that grief in measures of respect and Veneration 
worthy of a nation's affection and a nation's gratitude, 
and long — long — may the remembrance of those deep 
and sincere effusions of affection and gratitude continue 
to warm the hearts of the American people. There let 
the memory of Washington be enshrined, and his private 
virtues and patriotic ardor will continue to animate this 
people to the remotest generation. It is proposed to 
conclude this chapter by consecrating the proceedings and 
measures of the Government on that memorable occasion 

TO THE MEMORY OF 
GEORGE WASHINGTON. 

24* 



242^ 

IN THE CONGRESS OF THE UNITED STATES OF 

AMERICA. 
HOUSE OF REPRESENTATIVES, 

Thursday, December 19, 1799. 

The House of Representatives of the United States, having received 
intelligence of the death of their highly valued fellow-citizen, George 
Washington, General of the armies of the United States, and sharing 
the universal grief this distressing event must produce, 

Unanimously resolve: 

1. That this House will wait on the President of the United 
States, in condolence of this national calamity. 

2. That the Speaker's chair be shrouded with black, and that 
the members and officers of the House wear mourning, during the 
session. 

3. That a joint committee of both Houses be appointed to report 
measures suitable to the occasion, and expressive of the profound 
sorrow with which Congress is penetrated on the loss of a citizen 

FIRST IN WAR, FIRST IN PEACE, AND FIRST IN THE HEARTS OF HIS 

COUNTRYMEN.* 

4. That when this House adjourns, it will adjourn until Mondaj 

next. 

Ordered, That Mr. Marshall and Mr. Smith be appointed a committee 
to w^ait on the President of the United States, to know when and where 
he will receive this House for the purpose expressed in the first resolu- 
tion. 

Ordered, That Mr. Marshall, Mr. Craik, Mr. Henry Lee, Mr. Eggles- 
ton, Mr. Smith, Mr. Stone, Mr. Rutledge, Mr. Abiel Foster, Mr. Muh- 
lenberg, Mr. Van Cortlandt, Mr. Dwight Foster, Mr. Franklin Daven- 
port, Mr. Claiborne, Mr. Morris, Mr. John Brown, and Mr. Taliaferro, 
be a committee, jointly with such committee as maybe appointed on 
the part of the Senate, for the purpose expressed in the third resolution. 

Ordered, That the clerk of this House do acquaint the Senate there- 
with. 

A written message was received from the President of the United 
States, by Mr. Shaw, his secretary, which, together with the letter ac- 

* The resolutions were drawn by Gen. Henry Lee and introduced by Jolin Mar- 
shall, Representative from Virginia. 



243 

companying the same, was read, and referred to the committee last ap» 
pomted, and is as follows : 

Gentlemen of the Senate^ and 

Gentlemen of the Rouse of Representatives : 

The letter herewith transmitted will inform you that it 
has pleased Divine Providence to remove from this life 
our excellent fellow- citizen George Washington, by the 
purity of his character, and a long series of services to 
his country, rendered illustrious through the world. It 
remains for an affectionate and grateful people, in whose 
hearts he can never die, to pay suitable honors to his 
memory. 

JOHN ADAMS. 

United States, December 19, 1799. 

^^ Mount Vernon, December 15, 1799. 

" Sir: It is with inexpressible ^ief that I have to announce to 
you the death of the great and good General Washington. He 
died last evening, between ten and eleven o'clock, after a short ill- 
ness of about twenty hours. His disorder was an inflammatory 
sore throat, which proceeded from a cold, of which he made but 
little complaint on Friday. On Saturday morning, about three 
o'clock, he became ill: Doctor Craik attended him in the morning, 
and Doctor Dick, of Alexandria, and Doctor Brown, of Port To- 
bacco, were soon after called in. Every medical assistance was 
offered, but without the desired effect. His last scene corresponded 
with the whole tenor of his life : not a groan nor a complaint 
escaped him in extreme distress. With perfect resignation, and in 
full possession of his reason, he closed his well-spent life. 

"I have the honor to be, with the highest respect, sir, your most 
obedient and very humble servant, 

"TOBIAS LEAR. 

" The President of the United States." 

Mr. Marshall, from the committee appointed to wait on the President 
of the United States, to know when and where it will be convenient for 



244 

him to receive this House, in condolence of the national calamity, re- 
ported that the committee had, according to order, performed that ser- 
vice, and that the President signified to them it would be convenient for 
him to receive this House at one o'clock this afternoon, at his own 
house. 

A message from the'Senate, by Mr. Otis, their secretary: 
' Mr. Speaker s The Senate have agreed to the resolution passed by the 
House of Representatives for the appointment of a joint committee of 
both Houses to report measures suitable to the occasion, and expressive 
of the profound sorrow with which Congress is penetrated on the loss 
of a citizen first in war, first in peace, and first in the hearts of his 
countrymen ; and have appointed Mr. Dayton, Mr. Bingham, Mr. Dex- 
ter, Mr. Gunn, Mr. Lawrence, and Mr. Tracey, a committee on their 
part. 

And then he withdrew. 

The Speaker, attended by the House, then withdrew to the house of 
the President of the United States, when Mr. Speaker addressed the 
President as follows : 

Sir: The House of Representatives, penetrated with 
a sense of the irreparable loss sustained by the nation in 
the death of that great and good man, the illustrious and 
beloved Washington, wait on you, sir, to express their 
condolence on this melancholy and distressing event. 

To which the President replied as follows : 

Gentlemen of the House of Representatives : 

I receive, with great respect and affection, the condo- 
lence of the House of Representatives, on the melan- 
choly and affecting event, in the death of the most illus- 
trious and beloved personage which this country ever 
produced. I sympathize with you, with the nation, and 
with good men through the world, in this irreparable loss 
sustained by us all. 

JOHN ADAMS. 

Untied States^ December 19, 1799, 



245 

MoNDAy, December 23, 1799. 

Mr. Marshall, from the joint committee appointed to prepare and re- 
port measures suitable to the occasion, and expressive of the profound 
sorrow with which Congress is penetrated on the loss of their highly 
valued fellow-citizen, George Washington, General of the armies of the 
United States, made a report, in part ; which he delivered in at the 
clerk's table, where the same was twice read and considered: Where- 
upon, — , . 

It was resolved, that the House do unanimously agree to the following 
resolutions, to wit : 

Resolved hy the Senate and House of Representatives of the United 
States of America in Congress assembled, That a marble monument 
be erected by the United States, in the Capitol, at the city of 
Washington ; and that the family of General Washington be re- 
quested to permit his body to be deposited under it; and that the 
monument be so designed as to commemorate the great events of 
his military and political life. 

Ajid be it further resolved, That there be a funeral procession from 
Congress Hall to the German Lutheran Church, in honor of the 
memory of General George Washington, on Thursday, the twenty- 
sixth instant, and that an oration be prepared at the request of Con- 
gress, to be delivered before both Houses, on that day ; and that 
the President of the Senate and Speaker of the House of Repre- 
sentatives be desired to request one of the members of Congress 
to prepare and deliver the same. 

And be it further resolved, That it be recommended to the people 
of the United States to wear crape on the left arm, as mourning, 
for thirty days. 

A7id be it further resolved, That the President of the United 
States be requested to direct a copy of these resolutions to be trans- 
mitted to Mrs. Washington, assuring her of the profound respect 
Congress will ever bear to her person and character; of their con- 
dolence on the late afflicting dispensation of Providence ; and en- 
treating her assent to the interment of the remains of General 
George Washington in the manner expressed in the first reso 
lution. 

And be it further resolved, That the President of the United 



246 

States be requested to issue a proclamation, notifying to the people 
throughout the United States the recommendation contained in the 
third resolution. . ' ■ - 

Ordered, That the clerk of this House do carry the said resolutions to 
the Senate, and desire their concurrence. 

A message from the Senate, by Mr.Otis, their secretary: 
Mr. Speaker : The Senate have agreed to the resolutions passed by the 
House of Representatives, directing certain measures to be taken suitable 
to the occasion, and expressive of the profound sorrow with which Con- 
gress is penetrated on the loss of their highly valued fellow-citizen, 
George Washington, General of the armies of the United States. 

Tuesday, December 24, 1799. 

Mr. Gray, from the joint committee for enrolled bills, reported that 
the committee had examined the enrolled resolutions directing certain 
measures to be taken in honor of the memory of General George Wash- 
ington, and had found the same to be truly enrolled : Whereupon, — 

Mr. Speaker signed the said enrolled resolutions. 

Ordered, That the clerk of this House do acquaint the Senate there- 
with. 

Mr. Wadsworth, from the joint committee for enrolled bills, reported 
that the committee did, this day, present to the President of the United 
States, for his approbation, the enrolled resolutions directing certain 
measures to be taken in honor of the memory of General George Wash- 
ington. 

A message was received from the President of the United States, by 
Mr. Shaw, his secretary, notifying that the President did, this day, ap- 
prove and sign the enrolled resolutions, which originated in this House, 
in honor of the memory of General George Washington. 

The Speaker informed the House, that, conformably to the resolution 
of Congress, the President of the Senate and the Speaker of the House 
of Representatives had requested Major General Henry Lee, one of the 
Representatives from the State of Virginia, to prepare and deliver a 
funeral oration before both houses, on Thursday, the twenty-sixth instant, 
in honor of the memory of George Washington, late General of the 
armies of the United States ; and that Mr. Lee had been pleased to ac- 
cept of the appointment. 

On motion, the House adjourned until Thursday morning, half-past ten 
'o'clock. 



247 

Thursday, December 26, 1799. 

This being the day appointed by the resolution of Congress for the 
funeral procession in honor of the memory of George Washington, late 
General of the armies of the United States, the House proceeded to the 
German Lutheran Church, where they attended the funeral oration pre- 
pared and delivered on the occasion by Major General Lee, one of the 
members of this House for the State of Virginia : 



F-Qri7SR^Z. OBATIOXr. 

In obedience to your will, I rise your humble organ, 
with the hope of executing a part of the system of public 
mourning which you have been pleased to adopt, com- 
memorative of the death of the most illustrious and most 
beloved personage this country has ever produced ; and 
which, while it transmits to posterity your sense of the 
awful event, faintly represents your knowledge of the 
consummate excellence you so cordially honor. 

Desperate indeed is any attempt on earth to meet cor- 
respondingly this dispensation of Heaven ; for, while with 
pious resignation we submit to the will of an all-gracious 
Providence, we can never cease lamenting, in our finite 
view of Omnipotent Wisdom, the heart-rending privation 
for which our nation weeps. When the civilized world 
shakes to its centre ; when every moment gives birth to 
strange and momentous changes ; when our peaceful 
quarter of the globe, exempt as it happily has been from 
any share in the slaughter of the human race, may yet be 
compelled to abandon her pacific policy, and to risk the 
doleful casualties of war: What limit is there to the 
extent of our loss? — None within the reach of my w^ords 
to express; none which your feelings will not disavow. 



248 

The founder of our federate republic — our bulwark in 
v;ar, our guide in peace, is no more ! Oh that this were 
but questionable ! Hope^ the comforter of the wretched, 
would pour into our agonizing- hearts its balmy dew. 
But, alas ! there is no hope for us ; our Washington is 
removed for ever ! Possessing the stoutest frame, and 
purest mind, he had passed nearly to his sixty-eighth 
year, in the enjoyment of high health, when, habituated 
by his care of us to neglect himself, a slight cold, dis- 
regarded, became inconvenient on Friday, oppressive on 
Saturday, and, defying every medical interposition, before 
the morning of Sunday, put an end to the best of men. 
An end did I say ? — his fame survives ! — bounded only 
by the limits of the earth, and by the extent of the human 
mind. He survives in our hearts, in the growing know- 
ledge of our children, in the affections of the good 
throughout the world; and when our monuments shall 
be done away ; when nations now existing shalJ be no 
more ; when even our young and far-spreading empire 
shall have perished, still will our Washington's glory un- 
faded shine, and die not, until love of virtue cease on 
earth, or earth itself sinks into chaos. 

How, my fellow-citizens, shall I single to your grateful 
hearts his pre-eminent worth! Where shall I begin in 
opening to your view a character throughout sublime I 
Shall I speak of his warlike achievements, all springing 
from obedience to his country's will — all directed to his 
country's good ? 

Will you go with me to the banks of the Monongahela, 
to see your youthful Washington, supporting, in the dismal 
hour of Indian victory, the ill-fated Braddock, and saving, 
by his judgment and by his valor, the remains of a de- 



249 

feated army, pressed by the conquering savage foe ? Or, 
when oppressed America, nobly resolving to risk her all 
in defence of her violated rights, he was elevated by the 
unanimous voice of Congress to the command of her 
armies : — Will you follow him to the high grounds of 
Boston, where to an undisciplined, courageous, and vir 
tuous yeomanry, his presence gave the stability of system, 
and infused the invincibility of love of country ; or shall 
I carry you to the painful scenes of Long Island, York 
Island and New Jersey, when, combating superior and 
gallant armies, aided by powerful fleets, and led by chiefs 
high in the roll of fame, he stood, the bulwark of our safety ; 
undismayed by disaster ; unchanged by change of for 
tune. Or will you view him in the precarious fields of 
Trenton, where deep gloom unnerving every arm, reigned 
triumphant through our thinned, worn down, unaided 
ranks ; himself unmoved. Dreadful was the night. It 
was about this time of winter — the storm raged — the 
Delaware rolling furiously with floating ice, forbade the 
approach of man. Washington, self-collected, viewed 
the tremendous scene — his country called ; unappalled 
by surrounding dangers, he passed to the hostile shore ; 
he fought ; he conquered. The morning sun cheered the 
American world. Our country rose on the event; and 
her dauntless chief, pursuing his blow, completed in the 
lawns of Princeton, what his vast soul had conceived on 
the shores of Delaware. 

Thence to the strong grounds of Morristowm he led his 
small but gallant band ; and through an eventful winter, 
by the high eflbrts of his genius, whose matchless force 
was measurable only by the growth of difficulties, he 
held in check formidable hostile legions, conducted by a 
T 25 



250 

chief experienced in the art of war, and famed for his 
valor on the ever memorable heights of Abraham, where 
fell Wolfe, Montcalm, and since, our much lamented 
Montgomery — all covered with glory. In this fortunate 
interval, produced by his masterly conduct, our fathers, 
ourselves, animated by his resistless example, rallied 
around our country's standard, and continued to follow 
her beloved chief through the various and trying scenes 
to which the destinies of our Union led. 

Who is there that has forgotten the vales of Brandy- 
wine — the fields of Germantown — or the plains of Mon- 
mouth? Everywhere present, wants of every kind 
obstructing, numerous and valiant armies encountering, 
himself a host, he assuaged our sufferings, limited our 
privations, and upheld our tottering republic. Shall I 
display to you the spread of the fire of his soul, by 
rehearsing the praises of the Hero of Saratoga, and his 
much loved compeer of the Carolinas ? No ; our Wash- 
ington wears no borrowed glory: to Gates — to Greene, 
he gave without reserve the applause due to their emi- 
nent merit ; and long may the chiefs of Saratoga, and 
of Eutaws, receive the grateful respect of a grateful 
people. 

Moving in his own orbit, he imparted heat and light to 
his most distant satellites ; and combining the physical 
and moral force of all within his sphere, with irresistible 
weight he took his course, commiserating folly, disdaining 
vice, dismaying treason, and invigorating despondency; 
until the auspicious hour arrived, when, united with the 
intrepid forces of a potent and magnanimous ally, he 
brought to submission the since conqueror of India ; thus 
finishing his long career of military glory with a lustre 



251 

corresponding to his great name, and in this his last act 
of war affixing the seal of fate to our nation's birth. 

To the horrid din of battle sweet peace succeeded , 
and our virtuous chief, mindful only of the common good, 
in a moment tempting personal aggrandizement, hushed 
the discontents of growing sedition ; and, surrendering his 
power into the hands from which he had received it, con- 
verted his sword into a ploughshare, teaching an admiring 
world that to be truly great, you must be truly good. 

Was I to stop here, the picture would be incomplete, 
and the task imposed unfinished. Great as was our 
Washington in w^ar, and as much as did that greatness 
contribute to produce the American Republic, it is not in 
war alone his pre-eminence stands conspicuous. His 
various talents combining all the capacities of a states- 
man with those of a soldier, fitted him alike to guide the 
councils and the armies of our nation. Scarcely had he 
rested from his martial toils, while his invaluable parentaJ 
advice was still sounding in our ears, when he who had 
been our shield and our sword, was called forth to act a 
less splendid but more important part. 

Possessing a clear and penetrating mind, a strong and 
sound judgment, calmness and temper for deliberation, 
with invincible firmness, and perseverance in resolutions 
maturely formed, drawing information from all, acting 
from himself, with incorruptible integrity and unvarying 
patriotism : his own superiority and the public confidence 
alike marked him as the man designed by Heaven to lead 
in the great political as well as military events which 
have distinguished the era of his life. 

The finger of an overruling providence, pointing at 
Washington, was neither mistaken nor unobserved ; 



252 

when, to realize the vast hopes to which our revolution 
had given birth, a change of political system became 
indispensable. 

How novel, how grand the spectacle ! Independent 
states stretched over an immense territory, and known 
only by common difficulty, clinging to their union as the 
rock of their safety, deciding by frank comparison of 
their relative condition, to rear on that rock, under the 
guidance of reason, a common government, through 
whose commanding protection, liberty and order, with 
their long train of blessings, should be safe to them- 
selves, and the sure inheritance of their posterity. 

This arduous task devolved on citizens selected by the 
people, from knowledge of their wisdom and confidence 
in their virtue. In this august assembly of sages and 
patriots, Washington of course was found ; and, as if 
acknowledged to be most wuse, where all were wise, with 
one voice he was declared their chief. How well he 
merited this rare distinction, how faithful were the labours 
of himself and his compatriots, the work of their hands 
and our union, strength and prosperity, the fruits of that 
work, best attest. 

But to have essentially aided in presenting to his 
country this consummation of her hopes, neither satisfied 
the claims of his fellow-citizens on his talents, nor those 
duties which the possession of those talents imposed. 
Heaven had not infused into his mind such an uncommon 
share of its ethereal spirit to remain unemployed, nor 
bestowed on him his genius unaccompanied with the cor- 
responding duty of devoting it to the common good. To 
have framed a Constitution, was show'ing only, without 
ealizing, the general happiness. This great work re- 



253 

mained to be done ; and America, steadfast in her prefer- 
ence, with one voice summoned her beloved Washington, 
unpractised as he was in the duties of civil administra- 
tion, to execute this last act in the completion of the 
national felicity. Obedient to her call, he assumed the 
high office with that self- distrust peculiar to his innate 
modesty, the constant attendant of pre-eminent virtue. 
AVhat was the burst of joy through our anxious land on 
this exhilarating event is known to us all. The aged, 
the young, the brave, the fair, rivaled each other in 
demonstrations of their gratitude ; and this high- wrought, 
delightful scene was heightened in its effect, by the sin- 
gular contest between the zeal of the bestowers and the 
avoidance of the receiver of the honors bestowed. Com- 
mencing his administration, what heart is not charmed 
v.ith the recollection of the pure and wise principles an- 
nounced by himself, as the basis of his political life. He 
best understood the indissoluble union betw^een virtue and 
happiness, between duty and. advantage, between the 
genuine maxims of an honest and magnanimous policy, 
and the solid rewards of public prosperity and individual 
felicity ; watching with an equal and comprehensive eye 
over this great assemblage of communities and interests, 
he laid the foundations of our national policy in the un- 
erring, immutable principles of morality, based on reli- 
gion, exemplifying the pre-eminence of a free govern- 
ment ; by all the attributes which win the affections of 
its citzens, or command the respect of the world. 

" O fortunatos nimiuni, sua si bona norint !" 

Leading through the complicated difficulties produced 
by previous obligations and confficting interests, seconded 

25* 



254 

by succeeding houses of Congress, enlightened and pa- 
triotic, he surmounted all original obstruction, and bright- 
ened the path of our national felicity. 

The presidential term expiring, his solicitude to ex- 
change exaltation for humility returned with a force 
increased with increase of age ; and he had prepared his 
farewell address to his countrymen, proclaiming his inten- 
tion, when the united interposition of all around him, 
enforced by the eventful prospects of the epoch, produced 
a further sacrifice of inclination to duty. The election 
of President followed, and Washington, by the unani- 
mous vote of the nation, w^as called to resume the Chief 
Magistracy. What a w^onderful fixture of confidence ! 
Which attracts most our admiration, a people so correct, 
or a citizen combining an assemblage of talents forbid- 
ding rivalry, and stifling even envy itself? Such a nation 
ousjht to be happy, such a chief must be for ever revered. 

War, long menaced by the Indian tribes, now broke 
out; and the terrible conflict, deluging Europe with 
blood, began to shed its baneful influence over our 
happy land. To the first, outstretching his invincible 
arm, under the orders of the gallant Wayne, the Ameri- 
can eagle soared triumphant through distant forests. 
Peace followed victory ; and the melioration of the con- 
dition of the enemy followed peace. Godlike virtue, 
which uplifts even the subdued savage. 

To the second he opposed himself. New and delicate 
was the conjuncture, and great w^as the stake. Soon did 
his penetrating mind discern and seize the only course, 
continuing to us all the felicity enjoyed. He issued his 
proclamation of neutrality. This index, to his whole 
subsequent conduct was sanctioned by the approbation 



255 

of both houses of Congress, and by the approving voice 
of the people. 

To this subHme policy he inviolably adhered, unmoved 
by foreign intrusion, unshaken by domestic turbulence. 

*' Justum et tenacem propositi virum, 
Non civium ardor prava jubentium, 
Non vultus instantis tyranni, 
Mente quatit folida." 

Maintaining his pacific system at the expense of no 
duty, America, faithful to herself, and sustained in her 
honor, continued to enjoy the delights of peace, while 
aflPiicted Europe mourns in every quarter under the accu- 
mulated miseries of an unexampled war ; miseries in 
which our happy country must have shared, had not our 
pre-eminent Washington been as firm in council as he 
was brave in the field. 

Pursuing steadfastly his course, he held safe the public 
happiness, preventing foreign war, and quelling internal 
discord, till the revolving period of a third election 
approached, when he executed _ his interrupted but inex- 
tinguishable desire of returning to the humble walks of 
private life. 

The promulgation of his fixed resolution stopped the 
anxious wishes of an affectionate people, from adding a 
third unanimous testimonial of their unabated confidence 
in the man so long enthroned in their hearts. When be 
fore was affection like this exhibited on earth ? Turn 
over the records of ancient Greece ! Review the annals 
of mighty Rome ! Examine the volumes of modern 
Europe ; you search in vain. America and her Wash- 
ington only aflford the dignified exemplification. The 



256 

illustrious personage called by the national voice in suc- 
cession to the arduous office of guiding a free people, 
had new difficulties to encounter. The amicable effort 
of settling our difficulties with France, begun by Wash- 
ington, and pursued by his successor in virtue as in sta- 
tion, proving abortive, America took measures of self- 
defence. No sooner was the public mind roused by a 
prospect of danger, than every eye was turned to the 
friend of all, though secluded from public view, and gray 
in pubHc service. The virtuous veteran following his 
plough, received the unexpected summons with mingled 
emotions of indignation at the unmerited ill-treatment of 
his country, and of a determination once more to risk 
his all in her defence. 

The annunciation of these feelings, in his affecting 
letter to the President, accepting the command of the 
army, concludes his official conduct. 

First in war, first in peace, and first in the hearts of his 
countrymen, he was second to none in the humble and 
endearing scenes of private life: pious, just, humane, 
temperate, and sincere, uniform, dignified, and com- 
manding, his example was as edifying to all around him 
as were the effects of that example lasting. 

To his equals he was condescending ; to his inferiors 
kind ; and to the dear object of his affections exemplarily 
tender. Correct throughout, vice shuddered in his pre- 
sence, and virtue always felt his fostering hand ; the 
purity of his private character gave effulgence to his 
public virtues. 

His last scene comported with the whole tenor of his 
life ; although in extreme pain, not a sigh, not a groan 
escaped him ; and with undisturbed serenity he closed 



257 

his well-spent life. Such was the man America has lost, 
such was the man for whom our nation mourns ! Methinks 
I see his august image, and hear, falling from his vener- 
able lips, these deep-sinking w^ords : 

" Cease, sons of America, lamenting our separation : 
go on, and confirm by your wisdom the fruits of our joint 
councils, joint efforts, and common dangers. Reverence 
religion ; diffuse knowledge throughout your land ; patron- 
ize the arts and sciences ; let liberty and order be in- 
separable companions; control party-spirit, the bane of 
free government ; observe good faith to, and cultivate 
peace with all nations ; shut up every avenue to foreign 
influence ; contract rather than extend national con- 
nexion; rely on yourselves only; be American in thought 
and deed. Thus will you give immortality to that union, 
which was the constant object of my terrestrial labours. 
Thus will you preserve undisturbed to the latest posterity 
the felicity of a people to me most dear ; and thus will 
you supply (if my happiness is now aught to you) the 
only vacancy in the round of pure bliss high Heaven 
bestows." ~ 



Fridat, December 27, 1799. 

On a motion made and seconded that the House do come to the follow- 
ing resolution, to w^it : 

The House of Representatives of the United States, highly 
gratified with the manner in which Mr. Lee has performed the ser- 
vice assigned to him, under the resolution desiring the President of 
the Senate and Speaker of the House of Representatives to request 
one of the members of Congress to prepare and deliver a funeral 
oration on the death of George Washington ; and desirous of ora- 
municating to their fellow-citizens, through the medium of the 



258 

press, those sentiments of respect for the character, of gratitude 
for the services, and of grief for the death, of that illustrious per- 
sonage, which, felt by all, have, on this melancholy occasion, been 
so vrell expressed : 

Resolved^ That the Speaker present the thanks of this House to 
Mr. Lee, for the oration delivered by him to both Houses of Con- 
gress on Thursday, the twenty-sixlh instant ; and request that he 
will permit a copy thereof to be taken for publication : 

The question was taken that the House do agree to the same, 
And unanimously resolved in the affirmative. , 

Monday, December 30, 1799. 

The Speaker informed the House that, in pursuance of the resolution 
of Friday last, he had addressed to Major General Henry Lee, one of 
the members for the State of Virginia, the following letter : 

^^Philadelphia, December 27, 1799. 

" Dear Sir : The enclosed resolutions, which unanimously passed 
the House of Representatives this day, will make known to you 
how highly they have been gratified with the manner in which you 
have performed the service assigned to you, in preparing and de- 
livering a funeral oration on the death of General Washington. 
That our constituents may participate in the gratification we have 
received from your having so well expressed those sentiments of 
respect for the character, of gratitude for the services, and of grief 
for the death, of that illustrious personage, I flatter myself you will 
not hesitate to comply with the request of the House, by furnishing 
a copy of your oration, to be taken for. publication. 

"Allow me, while performing this pleasing task of official duty 
in communicating an act of the representatives of the people, so 
just to you and so honorable to themselves, to embrace the oppor- 
tunity to declare that 

" I am, personally, with great esteem and sincere regard, deal 
sir, your friend and obedient servant, 

"THEODORE SEDGWICK. 

"The honorable Maj. Gen. Lee." 

To which Mr. Lee had replied as follows • 



259 

^''Franklin Court, December 28, 1799. 

" Dear Sir : I owe to the goodness of the House of Representa- 
tives the honor which their resolutions confer on my humble efforts 
to execute their wish. 

"I can never disobey their will, and therefore will furnish a 
copy* of the oration delivered on the late afflicting occasion, much 
as I had flattered myself with a different disposition of it. 

" Sincerely reciprocating the personal consideration with which 
you honor me, I am, very respectfully, sir, your friend and obedient 
servant, 

"HENRY LEE. 

" The Speaker of the House of Representatives." 

Mr. Marshall, from the joint committee appointed to prepare and report 
measures in honor of the memory of General George Washington, made 
a further report, in part ; which was read and considered : Whereupon, 

It was unanimously resolved that the House do agree to the following 
resolutions: ~ . 

Resolved hy the Senate and House of Representatives of the United 
States of America in Congress assembled, That it be recommended 
to the people of the United States to assemble, on the twenty- 
second day of February next, in such numbers and manner as may 
be convenient, publicly to testify their grief for the death of Gene- 
ral George Washington, by suitable eulogies, orations, and dis- 
courses, or by public prayers.f 

J.nd it is further resolved, That the President be requested to 
issue a proclamation, for the purpose of carrying the foregoing reso- 
lution into effect. 

Ordered, That the clerk of this House do carry the said resolutions to 
the Senate, and desire their concurrence. 



* Vide the Oration, page 217. 

t In conformity with this recommendation, the people of every city, town, vil- 
lage, and hamlet, whose numbers were swelled by the neighboring country-people, 
assembled, and with deep devotion rendered their heartfelt tribute of affection tor 
the memory of the Father of their Country. This outpouring of gratitude and 
affection of a nation of free citizens has never been equalled more nearly than by 
the spontaneous and universal demonstration of this national virtue on the oc- 
casion of the visit of General Lafayette to the United States, in 1824. 



260 

[These resolutions were agreed to by the Senate on the Slat December, 
1799, and approved by the President of the United States on the 6th 
January, 1800.] 

Monday, January 6, 1800. 

A message was received from the President of the United States, by 
Mr. Adams, notifying that the President did, this day, approve and sign 
certain enrolled resolutions, which originated in this House, directing 
further measures in honor of the memory of General George Washington. 

Ordered, That the clerk of this House do acquaint the Senate there- 
with. 

Wednesday, January 8, 1800. 

A message, in writing, was received from the President of the United 
States, by Mr. Shaw, his secretary, as followeth: 

Gentlemen of the Senate^ and , 

Gentlemen of the House of Representatives: 

In compliance with the request in one of the resolutions of Con- 
gress of the twenty-first of December last, I transmitted a copy of 
those resolutions, by my secretary, Mr. Shaw, to Mrs. Wasbing-- 
ton, assuring her of the profound respect Congress will ever bear 
to her person and character; of their condolence in the late afflict- 
ing dispensation of Providence ; and entreating her assent to the 
interment of the remains of General George Washington, in the 
manner expressed in the first resolution. As the sentiments of 
that virtuous lady, not less beloved by this nation than she is at 
present greatly afflicted, can never be so well expressed as in her 
own words, I transmit to Congress her original letter. 

It would be an attempt of too much delicacy to make any com- 
ments upon it ; but there can be no doubt that the nation at large, 
as well as all the branches of the Government, will be highly 
gratified by any arrangement which may diminish the sacrifice she 
makes of her individual feelings. 

JOHN ADAMS. 

United States, January 6, 1800. . " 

The letter referred to in the said message is as follows : 



261 

ii Mount Vernon, December 31, 17^9. 

" Sir : \Miile I feel, with keenest anguish, the late dis- 
pensation of Divine Providence, I cannot be insensible to 
the mournful tributes of respect and veneration which are 
paid to the memory of my dear deceased husband ; and, 
as his best services and most anxious wishes were always 
devoted to the welfare and happiness of his country, to 
know that they were truly appreciated and gratefully re- 
membered affords no inconsiderable consolation. 

« Taught, by that great example which I have so long 
had before me, never to oppose my private wishes to the 
public will, I must consent to the request made by Con- 
gress, which you have had the goodness to transmit to 
me ; and, in doing this, I need not, I cannot, say what a 
sacrifice of individual feeling I make to a sense of public 
duty. 

" With grateful acknowledgments and unfeigned thanks 
for the personal respect and evidences of condolence ex- 
pressed by Congress and yourself, I remain, very respect- 
fully, sir, your most obedient humble servant, 

"MARTHA WASHINGTON." 

The said message, and letter accompanying the same, were read, and 
ordered to be referred to the joint committee appointed the nineteenth 
uhimo, on receipt of the intelligence of the death of General George 
Washington, to prepare and report measures suitable to the occasion. 

Friday, March 28, 1800. 
On motion, 

Resolved, That all letters and packets to Mrs. Martha Washington, 
relict of the late General George Washington, shall be received and con- 
veyed by post, free from postage, for and during her life. 

Ordered, That a bill or bills be brought in pursuant to the said resolu- 
tion ; and that Mr. Henry Lee, Mr. Kittera and Mr. Dennis, do prepare 
and bring in the same. 

26 



262 

Mr. Henry Lee, from the committee appointed, presented, according 
to order, a bill to extend the privilege of franking letters and packages 
to Martha Washington ; which was received, and read the first time. 

On motion, the said bill was read the second time, and ordered to be 
engrossed, and read the third time on Monday next. 

Monday, March 31, 1800. 

An engrossed bill to extend the privilege of franking letters and pack- 
ages to Martha Washington, was read the third time. 

Besolved, That the said bill do pass :— 

AN ACT to extend the privilege of franking letters and 
packages to Martha Washington. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress as- 
sembled, That all letters and packages to and from Martha 
Washington, shall be received and conveyed by post free 
of postage, for and during her life. 

[This act was passed by the Senate on the 1st of April, and approved 
by the President of the United States, on the 3d April, 1800.] 



IN THE SENATE OF THE UNITED STATES. 

Thuesday, December 19, 1799. 

The following written message was received from the President of the 
United States, by Mr. Shaw, his secretary : 

Gentlemen of the Senate, and 

Gentlemen of the House of Representatives : 

The letter herewith transmitted* will inform you that it 
has pleased Divine Providence to remove from this life 

* See letter from Tobias Lear on page 243. 



263 

our excellent fellow-citizen George Washington ; by the 
purity of his character, and a long series of services to 
his country rendered illustrious through the world. It 
remains for an affectionate and grateful people, in whose 
hearts he can never die, to pay suitable honors to his 
memory. JOHN ADAMS. 

United States, December 19, 1799. 



The message and letter were read. 
Ordered, That they lie for consideration. 

A message from the House of Representatives, by Mr. Oswald, in the 
absence of their clerk : 

Mr. President: The House of Representatives having received intelli- 
gence of the death of their highly- valued fellow-citizen. General George 
Washington, and sharing the universal grief this distressing event must 
produce, have Resolved, That a joint committee be appointed, to report 
measures suitable to the occasion, and expressive of the profound sorrow 
with which Congress is penetrated on the loss of a citizen, first in war, 
first in peace, and first in the hearts of his countrymen ; and having ap- 
pointed a committee on their part, desire the concurrence of the Senate. 
And he withdrew. 

The Senate proceeded to consider the foregoing resolution of the House 
of Representatives. Whereupon, 

Resolved, That they do concur therein, and that Messrs. Dayton, Bing- 
ham, Dexter, Gunn, Laurance, Tracy, and Read, be the committee on 
the part of the Senate. 

Ordered, That the Secretary acquaint the House of Representatives 
with the concurrence. 

On motion. 

Resolved, That the Senate will wait on the President of the Unitea 
States, to condole with him on the distressing event of the death of Gene- 
ral George Washington; and that a committee be appointed to prepare, 
for that occasion, an address to the President of the United States, ex- 
pressive of the deep regret of the Senate ; and that this committee con- 
sist of Messrs. Dexter, Ross, and Read. 

On motion, 

Resolved, That the chairs in the Senate chamber be covered, and the 
room hung with black, and that each member, and the officers of the 



264 

Senate, go into mourning, by the usual mode of wearing a crape round 
the left arm, during the session. 
The Senate adjourned to 11 o'clock on Monday morning. 

Monday, December 23, 1799. 

Mr, Dexter, from the committee, appointed for the purpose on the 18th 
inst., reported the draught of an address to the President of the United 
States, on the death of General George Washington ; which being read 
in paragraphs, was adopted, as follows : 

To the President of the United States : 

The Senate of the United States respectfully take leave, 
sir, to express to you their deep regret for the loss their 
country sustains in the death of General George Wash- 
ington. 

This event, so distressing to all our fellow-citizens, 
must be peculiarly heavy to you, who have long been as- 
sociated with him in deeds of patriotism. Permit us, sir, 
to mingle our tears with yours ; on this occasion it is 
manly to weep. To lose such a man, at such a crisis, is 
no common calamity to the world : our country mourns 
her Father. The Almighty Disposer of human events has 
taken from us our greatest benefactor and ornament. It 
becomes us to submit with reverence to him who <' maketh 
darkness his paviHon." v 

With patriotic pride we review the life of our Wash- 
ington, and compare him with those of other countries, 
who have been pre-eminent in fame. Ancient and modern 
names are diminished before him. Greatness and guilt 
have too often been allied ; but his fame is whiter than it 
is brilliant. The destroyers of nations stood abashed at 
the majesty of his virtue. It reproved the intemperance 
of their ambition, and darkened the splendor of victory. 
The scene is closed, and we are no longer anxious lest 



265 

misfortune should sully his glory ; he has travelled to the 
end of his journey, and carried with him an increasing 
weight of honor; he has deposited it safely, where mis- 
fortune cannot tarnish it, where malice cannot blast it. 
Favored of Heaven, he departed without exhibiting the 
weakness of humanity. Magnanimous in death, the dark- 
ness of the grave could not obscure his brightness. 

Such was the man whom we deplore. Thanks to God ! 
his glory is consummated ; Washington yet lives — on earth 
in his spotless example — his spirit is in heaven. 

Let his countrymen consecrate the memory of the he- 
roic general, the patriotic statesman, and the virtuous 
sage ; let them teach their children never to forget that the 
fruit of his labors and his example are their inheritance. 

SAMUEL LIVERMORE, 
President of the Senate^ pro tempore. 

Ordered, That the committee who prepared the address, wait on the 
President of the United States, and desire him to acquaint the Senate at 
what time and place it will be most convenient for him that it should be 
presented. 

Mr. Dexter reported, from the committee, that they had waited on the 
President of the United States, and that he had acquainted them that he 
would receive the address of the Senate immediately, at his own house. 

Whereupon, the Senate waited on the President of the United States, 
and the President of the Senate, in their name, presented the address 
this day agreed to. 

To which the President of the United States was pleased to make the 
following reply :— 

Gentlemen of the Senate ; 

I receive, with the most respectful and affectionate 
sentiments, in this impressive address, the obliging ex- 
pressions of your regard for the loss our country has sus- 
U 26* 



266 

tained in the death of her most esteemed, beloved, and 
admired citizen. 

In the multitude of my thoughts and recollections on 
this melancholy event, you will permit me only to say, 
that I have seen him in the days of adversity, in some of 
the scenes of his deepest distress and most trying per- 
plexities : I have also attended him in his highest eleva- 
tion, and most prosperous felicity, with uniform admiration . 
of his wisdom, moderation, and constancy. 

Among all our original associates in that memorable 
league of the continent in 1774, which first expressed the 
sovereign will of a free nation in America, he was the 
only one remaining in the general government. 

Although, wdth a constitution more enfeebled than his, 
at an age when he thought it necessary to prepare for re- 
tirement, I feel myself alone, bereaved of my last brother; 
yet I derive a strong consolation from the unanimous dis- 
position which appears, in all ages and classes, to mingle 
their sorrows with mine, on this common calamity to the 
world. 

The life of our Washington cannot suffer by a com- 
parison with those of other countries who have been most 
celebrated and exalted by fame. The attributes and 
decorations of royalty could have only served to eclipse 
the majesty of those virtues which made him, from being 
a modest citizen, a more resplendent luminary. Misfor- 
tune, had he lived, could hereafter have sullied his glory 
only with those superficial minds, who, believing that cha- 
racters and actions are marked by success alone, rarely de- 
serve to enjoy it. Malice could never blast his honor, and 
envy made him a singular exception to her universal rule. 
For himself, he had lived enough to life, and to glory. 



267 

For his fellow-cilizens, if their prayers could have been 
answered, he would have been immortal. For me, his 
departure is at a most unfortunate moment. Trusting, 
however, in the wise and righteous dominion of Provi- 
dence over the passions of men, and the results of their 
councils and actions, as well as over their lives, nothing 
remains for me but humble resignation. 

His example is now complete, and it will teach wisdom 
and virtue to magistrates, citizens, and men, not only in 
the present age, but in future generations, as long as our 
history shall be read. If a Trajan found a Pliny, a Mar- 
cus Aurelius can never w^ant biographers, eulogists, or 
historians. JOHN ADAMS. 

United States, December 23, 1799. 

The Senate returned to their own chamber. 

A message from the House of Representatives, by Mr. Condy, their 
Clerk : 

3Ir. President: The joint committee appointed on the part of the 
House of Representatives, on the 19th instant, on the receipt of the in- 
telligence of the death of General George Washington, having made 
I. port to that House, they have agreed to sundry resolutions thereupon, 
in which they desire the concurrence of the Senate. And he withdrew. 

Mr. Dayton, from the joint committee, appointed the 19th instant, on 
the part of the Senate, on the receipt of the intelligence of the death of 
General George Washington, reported in past, and the report was agreed 
to. Whereupon, 

Resolved, unanimously, That the Senate do concur in the aforesaid 
resolutions. 

Thursday, Decembek 26, 1799, 

In conformity to the resolve of the 23d instant, the Senate went in 
procession to the German Lutheran Church, where was delivered an 
oration* in honor of the memory of General George Washington. After 
which, they returned to their own chamber ; and 

Adjourned to 11 o'clock to-morrow morning. 

*See oration of Henry Lee, p. 24? 



268 

Friday, December 27, 1799. 

On motion, 

Resolved, That the thanks of the Senate be communicated, through 
their President, to General Henry Lee, for the eloquent and impressive 
oration to the memory of General George Washington, which he pre- 
pared and delivered at the request of Congress. 

Resolved, That the Secretary be directed to apply to General Lee for 
a copy of the same. 




269 



CHAPTER 5. 

INAUGURAL ADDRESSES OF THE PATRIOTS AND SAGES 
OF THE REVOLUTION, WHO WERE ELEVATED BY THE 
SUFFRAGES OF THEIR FELLOW-CITIZENS TO THE 
OFFICE OF PRESIDENT OF THE UNITED STATES. 

I. In seeking, among the great mass of literary matter that has 
emanated from the able and intelligent minds and honest hearts of 
the statesmen of the Revolution, for compositions or productions 
which imbody more completely than any others, and within the 
smallest compass, the true principles, objects, and designs, duties 
and responsibilities, of the American Government under the Con- 
stitution, none can be found comparable to the inaugural addresses 
of those wise and true patriots who brought with them to the pre- 
sidential oflice, not only the experience they had acquired in those 
times when the energies and resources of the stoutest hearts and 
ablest minds were constantly in requisition, but the advantages of 
the highest intelligence, resulting from that investigation of causes, 
and deliberation upon effects, constituting the prominent character- 
istics of truly great minds. These worthy spirits had witnessed 
and felt the oppression of the colonial system of bondage ; the 
want of a general government for the United Colonies in the com- 
mencement and progress of the Revolution; the total inefficiency 
of the old form of government under the Confederation; and some 
had taken part in, while all had been eye-witnesses of, the efficient 
and paternal administration of government under the Constitution 
by the great and good Washington. The sentiments and princi- 
ples emanating from such sources, upon a subject so momentous, 
cannot fail to be highly interesting and instructive to the young 
statesmen and patriots of our country ; while, to every American 
citizen capable of reading and understanding, they will be an in- 
valuable means of judging properly of the views and principles 



270 

of the public men who may be candidates for their suffrage and 
favor; for, if their declarations and sentiments contradict those 
contained in these inaugural addresses, doubts may well be enter- 
tained of their soundness or sincerity, and every man will be jus- 
tified, in the exercise of his birthright as an American citizen, in 
supporting the Constitution as understood and executed by its 
framers and best friends. ^ 

2. THE INAUGURAL ADDRESS OF GEORGE WASHING- 

TON, PRESIDENT OF THE UNITED STATES, 

April 30, 1789^ 
(Will be found with his political acts in Chapter 4, p. 211.) 

3. INAUGURAL ADDRESS OF JOHN ADAMS, PRESIDENT 

OF THE UNITED STATES. 

March 4, 1797. 

When it was first perceived, in early times, that no middle 
course for America remained between unlimited submission to a 
foreign legislature and a total independence of its claims, men of 
reflection were less apprehensive of danger from the formidable 
power of fleets and armies they must determine to resist, than from 
those contests and dissensions which would certainly arise con- 
cerning the forms of government to be instituted over the whole 
and over the parts of this extensive country. Relying, however, 
on the purity of their intentions, the justice of their cause, and the 
integrity and intelligence of the people, under an overruling Pro- 
vidence, which had so signally protected this country from the 
first, the representatives of this nation, then consisting of little 
more than half its present number, not only broke to pieces the 
chains which were forging, and the rod of iron that was lifted up, 
but frankly cut asunder the ties which had bound them, and 
launched into an ocean of uncertainty. 

The zeal and ardor of the people, during the revolutionary war, 
supplying the place of government, commanded a degree of order, 
sufficient at least for the temporary preservation of society. The 
Confederation, which was early felt to be necessary, was prepared 
from the models of the Batavian and Helvetic confederacies — the 
only examples which remain, with any detail and precision, in 
history, and certainly the only ones which the people at large had 
ever considered. But, reflecting on the striking difference, in so 
many particulars, between this country and those where a courier 



271 

may go from the seat of government to the frontier in a sing'le day, 
it was then certainly foreseen, by some who assisted in Congress 
at the formation of it, that it could not be durable. 

Negligence of its regulations, inattention to its recommenda- 
tions, if not disobedience to its authority, not only in individuals, 
but in States, soon appeared, with their melancholy consequences; 
universal languor; jealousies and rivalries of States; decline of 
navigation and commerce ; discouragement of necessary manufac- 
tures ; universal fall in the value of lands and their produce ; con- 
tempt of public and private faith ; loss of consideration and credit 
with foreign nations ; and, at length, in discontents, animosities, 
combinations, partial conventions, and insurrection, threatening 
some great national calamity. 

In this dangerous crisis, the people of America were not aban- 
doned by their usual good sense, presence of mind, resolution, or 
integrity. Measures were pursued to concert a plan to form a 
more perfect union, establish justice, ensure domestic tranquillity, 
provide for the common defence, promote the general welfare, and 
secure the blessings of liberty. The public disquisitions, discus- 
sions, and deliberations, issued in the present happy constitution 
of government. 

Employed in the service of my country abroad during the whole 
jourse of these transactions, I first saw the Constitution of the 
United States in a foreign country. Irritated by no literary alter- 
cation, animated by no public debate, heated by no party animo- 
sity, I read it with great satisfaction, as the result of good heads, 
prompted by good hearts — as an experiment, better adapted to the 
genius, character, situation, and relations, of this nation and coun- 
try, than any which had ever been proposed or suggested. In its 
general principles and great outlines, it was conformable to such a 
system of government as I had ever most esteemed, and in some 
States, my own native State in particular, had contributed to esta- 
blish. Claiming a right of suffrage, in common with my fellow- 
citizens, in the adoption or rejection of a Constitution which was 
to rule me and my posterity, as well as them and theirs, I did not 
hesitate to express my approbation of it, on all occasions, in public 
and in private. It was not then, nor has been since, any' objection 
to it, in ray mind, that the Executive and Senate were not more 
permanent. Nor have I ever entertained a thought of promoting 
any alteration in it, but such as the people themselves, in the 
course of their experience, should see and feel to be necessary or 
expedient, and, by their representatives in Congress and the State 
legislatures, according to the Constitution itself, adopt and ordain. 

Returning to the bosom of my country, after a painful separation 
from it, for ten years, I had the honor to be elected to a station 
under the new order of things, and I have repeatedly laid myself 



272 

under the most serious obligations to support the Constitution. 
The operation of it has equalled the most sang-uine expectations 
of its friends; and, from an habitual attention to it, satisfaction in 
its administration, and delight in its effects upon the peace, order, 
prosperity and happiness of the nation, I have acquired an habitual 
attachment to it and veneration for it. 

What other form of government, indeed, can so well deserve 
our esteem and love ? 

There may be little solidity in an ancient idea, that congrega- 
tions of men into cities and nations are the most pleasing objects 
in the sight of superior intelligences ; but this is very certain, that, 
to a benevolent human mind, there can be no spectacle presented 
by any nation more pleasing, more noble, majestic, or august, than 
an assembly like that which has so often been seen in this and the 
other chamber of Congress, of a government in which the execu- 
tive authority, as well as that of all the branches of the legisla- 
ture, are exercised by citizens selected, at regular periods, by their 
neighbors, to make and execute laws for the general good. Can 
any thing essential, any thing more than mere ornament and deco- 
ration, be added to this by robes and diamonds ] Can authority be 
more amiable and respectable when it descends from accidents, or 
institutions established in remote antiquity, than when it springs 
fresh from the hearts and judgments of an honest and enlightened 
people 1 For it is the people only that are represented : it is their 
power and majesty that is reflected, and only for their good, in 
every legitimate government, under whatever form it may appear. 
The existence of such a government as ours, for any length of 
time, is a full proof of a general dissemination of knowledge and 
virtue throughout the whole body of the people. And what object 
or consideration more pleasing than this can be presented to the 
human mind? If national pride is ever justifiable, or excusable, 
it is when it springs, not from power or riches, grandeur or glory, 
but from conviction of national innocence, information, and be- 
nevolence. 

In the midst of these pleasing ideas, we should be unfaithful to 
ourselves if we should ever lose sight of the danger to our liber- 
ties — if any thing partial or extraneous should infect the purity of 
our free, fair, virtuous, and independent elections. If an election. 
is to be determined by a majority of a single vote, and that can be 
procured by a party, through artifice or corruption, the government 
may be the choice of a party, for its own ends — not of the nation, 
for the national good. If that solitary suflfrage can be obtained by 
foreign nations by flattery or menaces, by fraud or violence, by 
terror, intrigue, or venality, the government may not be the choice 
of the American people, but of foreign nations. It may be foreign 
nations who govern us, and not we the people who govern our- 



273 

selves. And candid men will acknowledge, that, in such cases, 
choice would have little advantage to boast of, over lot or chance. 

Such is the amiable and interesting system of government (and 
such are some of the abuses to which it may be expose^) which 
the people of America have exhibited to the admiration and anxiety 
of the wise and virtuous of all nations, for eight years, under the 
administration of a citizen, who, by a long course of great actions, 
regulated by prudence, justice, temperance, and fortitude, conduct- 
ing a people inspired with the same virtues, and animated with the 
same ardent patriotism and love of liberty, to independence and 
peace, to increasing wealth and unexampled prosperity, has merited 
the gratitude of his fellow-citizens, commanded the highest praises 
of foreign nations, and secured immortal glory with posterity. 

In that retirement which is his voluntary choice, may he long 
live to enjoy the delicious recollection of his services, the grati- 
tude of mankind, the happy fruits of them to himself and the 
world, which are daily increasing, and that splendid prospect of 
the future fortunes of this country which is opening from year to 
year. His name may be still a rampart, and the knowledge that 
he lives a bulwark, against all open or secret enemies of his coun- 
try's peace. This example has been recommended to the imitation 
of his successors, by both houses of Congress, and by the voice 
of the legislatures and the people throughout the nation. 

On this subject it might become me better to be silent, or to 
speak with diffidence; but, as something may be expected, the 
occasion, I hope, v/ill be admitted as an apology, if I venture to 
say. That — 

If a preference, upon principle, of a free republican government, 
formed upon long and serious reflection, after a diligent and im- 
partial inquiry after truth; if an attachment to the Constitution of 
the United States, and a conscientious determination to support it, 
until it shall be altered by the judgments and wishes of the people, 
expressed in the mode prescribed in it ; if a respectful attention to 
the constitutions of the individual States, and a constant caution 
and delicacy towards the State governments; if an equal and im- 
partial regard to the rights, interest, honor, and happiness, of all 
the States in the Union, without preference or regard to a northern 
or southern, an eastern or western position, their various political 
opinions on unessential points, or their personal attachments ; if a 
love of virtuous men, of all parties and denominations ; if a love 
of science and letters, and a wish to patronize every rational eifort 
to encourage schools, colleges, universities, academies, and every 
institution for propagating knowledge, virtue, and religion, among 
all classes of the people, not only for their benign influence on the 
happiness of life in all its stages and classes, and of society in all 
its forms, but as the only means of preserving our Constitution 

27 



274 

from its natural enemies, the spirit of sophistry, the spirit of part}'-, 
the spirit of intrig-ue, the profligacy of corruption, and the pesti 
lence of foreign influence, which is the angel of destruction to 
elective governments ; if a love of equal laws, of justice, and hu 
manity, in the interior administration ; if an inclination to improve 
agriculture, commerce, and manufactures for necessity, conve- 
nience, and defence; if a spirit of equity and humanity towards 
the aboriginal nations of America, and a disposition to meliorate 
their condition, by inclining them to be more friendly to us, and 
our citizens to be more friendly to them ; if an inflexible determi- 
nation to maintain peace and inviolable faith with all nations, and 
that system of neutrality and impartiality among the belligerent 
powers of Europe which has been adopted by this government, 
and so solemnly sanctioned by both houses of Congress, and ap- 
plauded by the legislatures of the States and the public opinion, 
until it shall be otherwise ordained by Congress; if a personal 
esteem for the French nation, formed in a residence of seven years 
chiefly among them, and a sincere desire to preserve the friendship 
v/hich has been so much for the honor and interest of both nations ; 
if, while the conscious honor and integrity of the people of 
America, and the internal sentiment of their own power and ener- 
gies, must be preserved, an earnest endeavor to investigate every 
just cause, and remove every colorable pretence of complaint; if 
an intention to pursue, by amicable negotiation, a reparation for 
the injuries that have been committed on the commerce of our fel- 
low-citizens, by whatever nation, and, if success cannot be ob- 
tained, to lay the facts before the legislature, that they may con- 
sider what further measures the honor and interest of the Govern- 
ment and its constituents demand ; if a resolution to do justice, as 
far as may depend upon me, at all times and to all nations, and 
maintain peace, friendship, and benevolence, with all the world ; 
if an unshaken confidence in the honor, spirit, and resources of 
the American people, on which I have so often hazarded my all, 
and never been deceived ; if elevated ideas of the high destinies 
of this country, and of my own duties towards it, founded on a 
knowledge of the moral principles and intellectual improvements 
of the people, deeply engraven on my mind in early life, and not 
obscured, but exalted, by experience and age ; and, with humble 
reverence, I feel it to be my duty to add, if a veneration for the re- 
ligion of a people who profess and call themselves Christians, and 
a fixed resolution to consider a decent respect for Christianity 
among the best recommendations for the public service, — can en- 
able me, in any degree, to comply with your wishes, it shall be 
my strenuous endeavor that this sagacious injunction of the two 
houses shall not be without eflTect. 

With this great example before me — with the sense and spirit, 



275 

the faith and honor, the duty and interest, of the same American 
people, pledged to support the Constitution of the United States, 
I entertain no doubt of its continuance in all its energy, and my 
mind is prepared, without hesitation, to lay myself under the most 
solemn obligations to support it to the utmost of my power. 

And may that Being who is supreme over all, the Patron of or- 
der, the Fountain of justice, and the Protector, in all ages of the 
world, of virtuous liberty, continue His blessing upon this nation 
and its Government, and give it all possible success and duration, 
consistent with the ends of his Providence ! 



4. INAUGURAL ADDRESS OF THOMAS JEFFERSON, PRE- 
SIDENT OF THE UNITED STATES, AT HIS FIRST TERM 
OF OFFICE. 

Makch 4, 1801. 

Friends and fellow-citizens .• 

Called upon to undertake the duties of the first executive office 
of our country, I avail myself of the presence of that portion of 
my fellow-citizens which is here assembled, to express my grateful 
thanks for the favor with which they have been pleased to look 
towards me, to declare a sincere consciousness that the task is 
above my talents, and that I approach it with those anxious and 
awful presentiments which the greatness of the charge and the 
weakness of my powers so justly inspire. A rising nation, spread 
over a wide and fruitful land ; traversing all the seas with the rich 
productions of their industry; engaged in commerce with nations 
Vvho feel power and forget right; advancing rapidly to destinies 
beyond the reach of mortal eye, — when I contemplate these trans- 
cendant objects, and see the honor, the happiness, and the hopes 
of this beloved country committed to the issue and the auspices of 
this day, I shrink from the contemplation, and humble myself be- 
fore the magnitude of the undertaking. Utterly, indeed, should I 
despair, did not the presence of many whom I here see remind mc 
that in the other high authorities provided by our Constitution [ 
shall find resources of wisdom, of virtue, and of zeal, on which to 
rely under all difficulties. To you, then, gentlemen, who are 
chargred with the sovereign functions of legislation, and to those 
associated with you, I look with encouragement for that guidance 
and support which may enable us to steer with safety the vessel in 
which we are all embarked, amidst the conflicting elements of a 
troubled world. 

During the contest of opinion through which we have passed, 
the animation of discussions and of exertions has sometimes worn 
an aspect which might impose on strangers, unused to think 



276 

freely, and to speak and to write what they think ; but, this bein^ 
now decided by the voice of the nation, announced, according to 
the rules of the Constitution, all will, of course, arrange them- 
selves under the will of the law, and unite in common efforts for 
the common good. All, too, will bear in mind this sacred prin- 
ciple, that, though the will of the majority is in all cases to pre- 
vail, that will, to be rightf'ul, must be reasonable; that the minority 
possess their equal rights, which equal laws must protect, and to vio- 
late would be oppression. JjCt us, then, fellow-citizens, unite with 
one heart and one mind ; let us restore to social intercourse that 
harmony and affection without which liberty and even life itself are 
but dreary things. And let us reflect, that, having banished from 
our land that religious intolerance under which mankind so long 
bled and suffered, we have yet gained little, if we countenance a 
political intolerance as despotic, as wicked, and capable of as bitter 
and bloody persecutions. During the throes and convulsions of 
the ancient world ; during the agonizing spasms of infuriated man, 
seeking, through blood and slaughter, his long-lost liberty, it was 
not wonderful that the agitation of the billows should reach even 
this distant and peaceful shore ; that this should be more felt and 
feared by some, and less by others, and should divide opinions as 
to measures of safety : but every difference of opinion is not a dif- 
ference of principle. We have called by different names brethren 
of the same principle. Weare all republicans : we are all federalists. 
If there be any among us who would wish to dissolve this Union, 
or to change its republican form, let them stand, undisturbed, as 
monuments of the safety with which error of opinion iinay he tole- 
rated^ where reason is left free to combat it. I know, indeed, that 
some honest men fear that a republican government cannot be 
strong- — that this Government is not strong enough. But would 
the honest patriot, in the full tide of successful experiment, aban- 
don a Government which has so far kept us free and fxrm, on the 
theoretic and visionary fear that this Government, the world's best 
hope, may, by possibility, want energy to preserve itself] I trust 
not. I believe this, on the contrary, the strongest Government on 
earth. I believe it the only one where every man, at the call of the 
law, would fly to the standard of the law, and would meet inva- 
sions of the public order as his own personal concern. Sometimes 
It is said that man cannot be trusted with the government of him- 
self. Can he then be trusted with the government of others ? Or 
have we found angels, in the form of kings, to govern him ] Let 
history answei this question. 

Let us, then, with courage and confidence, pursue our own fede- 
ral and republican principles — our attachment to union and repre- 
sentative government. Kindly separated by nature and a wide 
ocean from the exterminating havoc of one quarter of the globe; 



277 

too high-minded to endure the degradations of the others ; possess- 
ing a chosen country, with room enough for our descendants to the 
thousandth and thousandth generation ; entertaining a due sense 
of our equal riglit to the use of our own faculties, to the acquisi- 
tions of our own industry, to honor and confidence from our fellows- 
citizens, resulting, not from birth, but from our actions, and their 
sense of them ; enlightened by a benign religion, professed, in- 
deed, and practised, in various forms, yet all of them inculcating 
honesty, truth, temperance, gratitude, and the love of man ; ac- 
knowledging and adoring an overruling Providence, which, by all 
its dispensations, proves that it delights in the happiness of man 
here, and his greater happiness hereafter, — with all these blessings, 
what more is necessary to make us a happy and prosperous people ] 
Still one thing more, fellow-citizens : a wise and frugal Govern- 
ment, which shall restrain men from injuring one another, shall 
leave them otherwise free to regulate their own pursuits of industry 
and improvement, and shall not take from the mouth of labor the 
bread it has earned. This is the sum of good government, and 
this is necessary to close the circle of our felicities. 

About to enter, fellow-citizens, on the exercise of duties which 
comprehend every thing dear and valuable to you, it is proper you 
should understand what I deem the essential principles of our Go- 
vernment, and, consequently, those which ought to shape its ad- 
ministration. I will compress them within the narrowest compass 
they will bear — stating the general principle, but not all its limita- 
tions. Equal and exact justice to all men, of whatever state or 
persuasion, religious or political ; peace, commerce, and honest 
friendship with all nations, entangling alliances with none; the 
support of the State governments in all their rights, as the most 
competent administrations for our domestic concerns, and the 
surest bulwarks against anti-republican tendencies; the preserva 
tion of the General Government in its whole constitutional vigor, 
as the sheet-anchor of our peace at home and safety abroad ; & 
jealous care of the right of election by the people ; a mild and safo 
corrective of abuses which are lopped by the sword of revolution, 
where peaceable remedies are unprovided ; absolute acquiescence 
in the decisions of the majority, the vital principle of republics, 
fromx which is no appeal but to force, the vital principle and imme- 
diate parent of despotism ; a well-disciplined militia, our best re- 
liance in peace, and for the first moments of war, till regulars may 
relieve them ; the supremacy of the civil over the military authority ; 
economy in the public expense, that labor may be lightly bur- 
dened ; the honest payment of our debts, and sacred preservation 
of the public faith ; encouragement of agriculture, and of com- 
merce as its handmaid ; the dififusion of information, and arraign- 
ment of all abuses at the bar of the public reason; freedom of re- 

27* 



278 

ligion, freedom of the press, and freedom of person, under the 
protection of the habeas corpus ; and trial by juries impartially se- 
lected. These principles form the bright constellation which has 
gone before us, and guided our steps through an age of revolution 
and reformation. The wisdom of our sages and blood of our he- 
roes have been devoted to their attainment. They should be the 
creed of our political faith, the text of civic instruction, the touch- 
stone by which to try the services of those we trust; and should 
we wander from them in moments of error or of alarm, let us 
hasten to retrace our steps, and to regain the road which alone 
leads to peace, liberty, and safety. 

I repair, then, fellow-citizens, to the post you have assigned me. 
With experience enough in subordinate offices to have seen the 
difficulties of this, the greatest of all, I have learnt to expect that 
it will rarely fall to the lot of imperfect man to retire from this sta- 
tion with the reputation and the favor which brought him into it. 
Without pretensions to that high confidence you reposed in our 
first and greatest revolutionary character, whose pre-eminent ser- 
vices had entitled him to the first place in his country's love, and 
destined for him the fairest page in the volume of faithful history, 
I ask so much confidence only as may give firmness and effect to 
the legal administration of your affairs. I shall often go wrong, 
through defect of judgment. When right, I shall often be thought 
wrong by those whose positions will not command a view of the 
whole ground. I ask your indulgence for my own errors, which 
will never be intentional, and your support against the errors of 
others, v/ho may condemn what they would not if seen in all its 
parts. The approbation implied by your suffrage is a great conso- 
lation to me for the past ; and my future solicitude will be, to re- 
tain the good opinion of those who have bestowed it in advance, 
to conciliate that of others by doing them all the good in my 
power, and to be instrumental to the happiness and freedom of all. 

Relying, then, on the patronage of your good will, I advance 
with obedience to the work, ready to retire from it whenever you 
become sensible how much better choices it is in your power to 
make. And may that Infinite power which rules the destinies of 
the universe, lead our councils to what is best, and give them a 
favorable issue for your peace and prosperity. 



279 

5. INAUGURAL ADDRESS OF THOMAS JEFFERSON, PRE- 
SIDENT OF THE UNITED STATES, AT HIS SECOND 
TERM OF OFFICE. 

Makch 4, 1S05. 

Proceedinof, fellow-citizens, to that qualification which the Con- 
stitution requires before my entrance on the charge again conferred 
on me, it is my duty to express the deep sense I entertain of this 
new proof of confidence from my fellow-citizens at large, and the 
zeal with which it inspires me so to conduct myself as may best 
satisfy their just expectations. 

On taking this station, on a former occasion, I declared the prin- 
ciples on which I believed it my duty to administer the afi^airs of 
our commonwealth. My conscience tells me I have, on every oc- 
casion, acted up to that declaration, according to its obvious im- 
port, and to the understanding of every candid mind. 

In the transaction of your foreign affairs, we have endeavored 
to cultivate the friendship of all nations, and especially of those 
with which we have the most important relations. We have done 
them justice on all occasions, favor where favor was lawful, and 
cherished mutual interests and intercourse on fair and equal terms. 
We are firmly convinced, and we act on that conviction, that with 
nations, as with individuals, our interests, soundly calculated, will 
ever be found inseparable from our moral duties ; and history bears 
witness to the fact, that a just nation is trusted on its word, when 
recourse is had to armaments and wars to bridle others. 

At home, fellow-citizens, you best knov/ whether we have done 
well or ill. The suppression of unnecessary offices, of useless 
establishments and expenses, enabled us to discontinue our inter- 
nal taxes. These, covering our land with officers, and opening 
our doors to their intrusions, had already begun that process of 
domiciliary vexation, which, once entered, is scarcely to be re- 
strained from reaching, successively, every article of property and 
produce. If, among these taxes, some minor ones fell, which had 
not been inconvenient, it was because their amount would not 
have paid the officers who collected them, and because, if they 
had any merit, the State authorities might adopt them instead of 
others less approved. 

The remaining revenue, on the consumption of foreign articles, is 
paid chiefly by those who can afford to add foreign luxuries to domes- 
tic comforts. Being collected on our seaboard and frontiers only, and 
incorporated with the transactions of our mercantile citizens, it 
may be the pleasure and the pride of an American to ask, what 
farmer, what mechanic, what laborer, ever sees a tax-gatherer of 
the United States ] These contributions enable us to support the 
current expenses of the Government ; to fulfil contracts with fo- 



280 

reign nations ; to extinguish the native right of soil within our 
limits; to extend those limits; and to apply such a surplus to our 
public debts as places at a short day their final redemption: and, 
that redemption once effected, the revenue thereby liberated may, 
by a just repartition of it among- the States, and a corresponding 
amendment of the Constitution, be applied, in time of peace, to 
rivers, canals, roads, arts, manufactures, education, and other great 
objects, within each State. In time of war, if injustice by our- 
selves or others must sometimes produce war, .'ncreased, as the 
same revenue will be, by increased population and consumption, 
and aided by other resources reserved for that crisis, it may meet, 
within the year, all the expenses of the year, without encroaching 
on the rights of future generations, by burdening them with the 
debts of the past. War will then be but a suspension of useful 
Avorks ; and a return to a state of peace, a return to the progress 
of improvement. 

I have said, fellow-citizens, that the income reserved had ena- 
bled us to extend our limits; but that extension may possibly pay 
for itself before we are called on, and, in the mean time, may 
keep down the accruing interest : in all events, it will replace the 
advances we shall have made. I know that the acquisition of Lou- 
isiana has been disapproved by some, from a candid apprehension 
that the enlargement of our territory would endanger its union. 
But who can limit the extent to which the federative principle may 
operate effectively? The larger our association, the less will it be 
shaken by local passions ; and, in any view, is it not better that 
the opposite bank of the Mississippi should be settled by our ov/n 
brethren and children, than by strangers of another family? With 
which should we be most likely to live in harmony and friendly 
intercourse ] 

In matters of religion, I have considered that its free exercise is 
placed by the Constitution independent of the powers of the Gene- 
ral Government. I have therefore undertaken, on no occasion, to 
prescribe the religious exercise-s suited to it, but have left them, as 
the Constitution found them, under the direction and discipline of 
the church or State authorities acknowledged by the several reli- 
gious societies. 

The aboriginal inhabitants of these countries I have regarded 
with the commiseration their history inspires. Endowed with the 
faculties and the rights of men, breathing an ardent love of liberty 
and independence, and occupying a country which left them no 
desire but to be undisturbed, the stream of overflowing population 
from other regions directed itself on these shores. Without power 
to divert, or habits to contend against it, they have been over- 
whehned by the current, or driven before it. Now reduced within 
iimits too narrow for the hunter state, humanity enjoins us to teach 



281 

them agriculture and the domestic arts, to encourage them to that in- 
dustry which alone can enable them to maintain their place in exist- 
ence, and to prepare them, in time, for that state of society which 
to bodily comforts adds the improvement of the mind and morals. 
We have, therefore, liberally furnished them with the implements 
of husbandry and household use: we have placed among them in- 
structors in the arts of first necessity ; and they are covered with 
the aegis of the law against aggressors from among ourselves. 

But the endeavors to enlighten them on the fate which awaits 
their present course of life, to induce them to exercise their reason, 
follow its dictates, and change their pursuits with the change of 
circumstances, have powerful obstacles to encounter. They are 
combated by the habits of their bodies, prejudices of their minds, 
ignorance, pride, and the influence of interested and crafty indi- 
viduals among them, who feel themselves something in the present 
order of things, and fear to become nothing in any other. Thes(? 
persons inculcate a sanctimonious reverence for the customs of 
their ancestors; that whatsoever they did must be done through all 
time ; that reason is a false guide, and to advance under its counsel 
in their physical, moral, or political condition, is perilous innova- 
tion ; that their duty is to remain as the Creator made them — igno- 
rance being safet)'', and knowledge full of danger. In short, my 
friends, among them, also, is seen the action and counteraction of 
good sense and of bigotry. They, too, have their anti-philoso- 
phists, who find an interest in keeping things in their present state, 
who dread reformation, and exert all their faculties to maintain the 
ascendency of habit over the duty of improving our reason and 
obeying its mandates. 

In giving these outlines, I do not mean, fellow-citizens, to arro- 
gate to myself the merit of the measures : that is due, in the first 
place, to the reflecting character of our citizens at large, who, by 
the weight of public opinion, influence and strengthen the public 
measures. It is due to the sound discretion with which they select 
from among themselves those to whom they confide the legislative 
duties. It is due to the zeal and wisdom of the characters thus 
selected, who lay the foundations of public happiness in whole- 
some laws, the execution of which alone remains for others. And 
it is due to the able and faithful auxiliaries whose patriotism has 
associated them with me in the executive functions. 

During this course of administration, and in order to disturb it, 
the artillery of the press has been levelled against us, charged with 
whatsoever its licentiousness could devise or dare. These abuses 
of an institution so important to freedom and science are deeply to 
be regretted, inasmuch as they tend to lessen its usefulness and t(' 
sap its safety. They might, indeed, have been corrected by tho 
wholesome punishments reserved to and provided by the laws ot 



282 

the several States against falsehood and defamation ; but public 
duties, more urgent, press on the time of public servants, and the 
offenders have therefore been left to find their punishment in the 
public indignation. 

Nor was it uninteresting to the world, that an experiment should 
be fairJy and fully made, whether freedom of discussion, unaided 
by power, is not sufficient for the propagation and protection of 
truth 1 Whether a government, conducting itself in the true spirit 
of its constitution, with zeal and purity, and doing no act which 
it would be unwilling the whole world should witness, can be 
written down by falsehood and defamation! The experiment has 
been tried. You have witnessed the scene. Our fellow-'-itizens 
looked on cool and collected. They saw the latent source from 
which these outrages proceeded. They gathered around their pub- 
lic functionaries; and, when the Constitution called them to the 
decision by suffrage, they pronounced their verdict honorable to 
those who had served them, and consolatory to the friend of man, 
who believes that he may be trusted with the control of his own 
affairs. 

No inference is here intended that the laws provided by the 
States against false and defamatory publications should not be en- 
forced. He who has time, renders a service to public morals and 
public tranquillity in reforming these abuses by the salutary coer- 
cions of the law. But the experiment is noted to prove that, since 
truth and reason have maintained their ground against false opi- 
nions, in league with false facts, the press, confined to truth, needs 
no other legal restraint. The public judgment will correct false 
reasonings and opinions, on a full hearing of all parties ; and no 
other definite line can be drawn between the inestimable liberty of 
the press and its demoralizing licentiousness. If there be still 
improprieties which this rule would not restrain, its supplement 
must be sought in the censorship of public opinion. 

Contemplating the union of sentiment now manifested so gen- 
erally, as auguring harmony and happiness to our future course, I 
offer to our country sincere congratulations. With those, too, not 
yet rallied to the same point, the disposition to do so is gaining 
strength. Facts are piercing through the veil drawn over them ; 
and our doubting brethren will at length see that the mass of their 
fellow-citizens, with whom they cannot yet resolve to act, as to 
principles and measures, think as they think, and desire what they 
vlesire ; that our wish, as well as theirs, is, that the public efforts 
may be directed honestly to the public good, that peace be culti- 
vated, civil and religious liberty unassailed, law and order pre- 
served, equality of rights maintained, and that state of property, 
equal or unequal, which results to every man from his own indus- 
try or that of his father's. When satisfied of these views, it is 



283 

not in human nature that they should not approve and support 
them. In the mean time, let us cherish them with patient affec- 
tion ; let us do them justice, and more than justice, in all compe- 
titions of interest, — and we need not doubt that truth, reason, and 
their own interests, will at length prevail — will gather them into 
the fold of their country, and will complete that entire union of 
opinion which gives to a nation the blessing of harmony, and the 
benefit of all its strength. 

I shall now enter on the duties to which my fellow-citizens have 
again called me, and shall proceed in the spirit of those principles 
which they have approved. I fear not that any motives of interest 
may lead me astray. I am sensible of no passion which could se- 
duce me, knowingly, from the path of justice; but the weaknesses 
of human nature, and the limits of my own understanding, will 
produce errors of judgment sometimes injurious to your interests. 
I shall need, therefore, all the indulgence which I have heretofore 
experienced from my constituents. The want of it will certainly 
not lessen with increasing years. I shall need, too, the favor of 
that Being in whose hands we are ; who led our fathers, as Israel 
of old, from their native land, and planted them in a country flow- 
ing with all the necessaries and comforts of life; who has covered 
our infancy with His providence, and our riper years with His 
wisdom and power; and to whose goodness I ask you to join in 
supplications with me, that He will so enlighten the minds of your 
servants, guide their councils, and prosper their measures, that 
whatsoever they do shall result in your good, and shall secure to 
you the peace, friendship, and approbation of all nations. 

6. INAUGURAL ADDRESS OF JAMES MADISON, PRESI- 
DENT OF THE UNITED STATES, AT HIS FIRST TERM 
OF OFFICE. 

March 4, 1809. 

Gentlemen of the Senate, and of the House of Representatives .• 

Unwilling to depart from examples of the most revered authority, 
1 avail myself of the occasion now presented, to express the pro- 
found impression made on me, by the call of my country, to the 
station, to the duties of which I am about to pledge myself, by the 
most solemn of sanctions. So distinguished a mark of confidence, 
proceeding from the deliberate and tranquil suffrage of a free and 
virtuous nation, would, under any circumstances, have commanded 
my gratitude and devotion, as well as filled me with an awful sense 
of the trust to be assumed. Under the various circumstances which 
give peculiar solemnity to the existing period, I feel that both tho 



284 

honor and the responsibility allotted to me, are inexpressibly en- 
hanced. 

The present situation of the world is, indeed, without a parallel ; 
and that of our country full of difficulties. The pressure of these 
two is the more severely felt, because they have fallen upon us at 
a moment when national prosperity, being at a height not before 
attained, the contrast resulting from this change has been rendered 
the more striking. Under the benign influence of our republican 
institutions, and the maintenance of peace with all nations, whilst 
so many of them were engaged in bloody and wasteful wars, the 
fruits of a just policy were enjoyed in an unrivalled growth of our 
faculties and resources. Proofs of this were seen in the improve- 
ments of agriculture ; in the successful enterprises of commerce ; 
in the progress of manufactures and useful arts ; in the increase of 
the public revenue, and the use made of it in reducing the public 
debt ; and in the valuable works and establishments everywhere 
multiplying over the face of our land. 

It is a precious reflection, that the transition from this prosperous 
condition of our country, to the scene which has for some time 
been distressing us, is not chargeable on any unwarrantable views, 
nor, as I trust, on any involuntary errors in the public councils. 
Indulging no passions which trespass on the rights or the respose 
of other nations, it has been the true glory of the United States to 
cultivate peace, by observing justice, and to entitle themselves to 
the respect of the nations at war, by fulfilling their neutral obliga- 
tions with the most scrupulous impartiality. If there be candor 
in the world, the truth of these assertions will not be questioned. 
Posterity, at least, will do justice to them. 

This unexceptionable course could not avail against the injustice 
and violence of the belligerent powers. In their rage against each 
other, or impelled by more direct motives, principles of retaliation 
have been introduced, equally contrary to universal reason and ac- 
knowledged law. How long their arbitrary edicts will be con- 
tinued, in spite of the demonstrations that not even a pretext for 
them has been given by the United States, and of the fair and 
liberal attempts to induce a revocation of them, cannot be antici- 
pated. Assuring myself that, under every vicissitude, the deter- 
mined spirit and united councils of the nation will be safeguards 
to its honor and its essential interests, I repair to the post assigned 
me, with nc other discouragement than what springs from my own 
inadequacy to its high duties. If I do not sink under the weight 
of this deep conviction, it is because T find some support in a con- 
sciousness of the purposes, and a confidence in the principles 
which I bring with me into this arduous service. 

To cherish peace and friendly intercourse with all nations, having 
correspondent dispositions ; to maintain sincere neutrality towards 



285 

bell i^-erent nations ; to prefer, in all cases, amicable discussion and 
reasonable accommodation of differences, to a decision of them by 
an appeal to arms ; to exclude foreign intrigues and foreign par- 
tialities, so degrading to all countries, and so baneful to free ones ; 
to foster a spirit of independence ; too just to invade the rights of 
others; too proud to surrender our own; too liberal to indulge un- 
worthy prejudices ourselves, and too elevated not to look down 
upon them in others ; to hold the union of the States as the basis 
of their peace and happiness ; to support the Constitution, which 
is the cement of the Union, as well in its limitations as in its au- 
thorities ; to respect the rights and authorities reserved to the 
States and to the people, as equally incorporated with, and essen- 
tial to the success of the general system ; to avoid the slightest 
interference with the rights of conscience, or the functions of reli- 
gion, so wisely exempted from civil jurisdiction ; to preserve, to 
their full energy, the other salutary provisions in behalf of private 
and personal rights, and of the freedom of the press; to observe 
economy in public expenditures ; to liberate the public resources 
by an honorable discharge of the public debts ; to keep within the 
requisite limits a standing military force, always remembering, that 
an armed and trained rnilitia is the firmest bulwark of republics; 
that without standing armies their liberty can never be in danger, 
nor, with large ones, safe; to promote, by authorized means, im- 
provements friendly to agriculture, to manufactures, and to external 
as well as internal commerce; to favor, in lik-e manner, the ad- 
vancement of science and the diffusion of information, as the best 
aliment to true liberty; to carry on the benevolent plans which 
have been so meritoriously applied to the conversion of our abori- 
ginal neighbors, from the degradation and wretchedness of savage 
life, to a participation of the improvements of which the human 
luind and manners are susceptible in a civilized state : As far as 
sentiments and intentions such as these can aid the fulfilment of 
my duty, they will be a resource which cannot fail me. 

It is my good fortune, moreover, to have the path in which I am 
to tread, lighted by examples of illustrious services, successfully 
rendered in the most trying difficulties, by those who have marched 
before me. Of those of my immediate predecessor, it might least 
become me here to speak^I may, however, be pardoned for not 
suppressing the sympathy, with which my heart is full, in the rich 
reward he enjoys in the benedictions of a beloved country, grate- 
fully bestowed for exalted talents, zealously devoted, through a 
long career, to the advancement of its highest interest and happi 
ness. But the source to which I look for the aids, which alone 
can supply my deficiencies, is in the well-tried intelligence and 
virtue of my fellow-citizens, and in the councils of those repre 
senting them in the other departments associated in the care of the 

28 



286 

national interests. In these my confidence will, under every diffi- 
culty, be best placed ; next to that which we have all been en- 
couraged to feel in the guardianship and guidance of that Almighty 
Being, whose power regulates the destiny of nations, whose bless- 
ings have been so conspicuously dispensed to this rising Republic, 
and to whom we are bound to address our devout gratitude for the 
past, as well as our fervent supplications and best hopes for the 
iuture. 



2S7 



CHAPTER 6. 

GENERAL LAWS RELATING TO THE CONTINUED 
ORGANIZATION OF THE GOVERNMENT, AND PRO- 
VIDING THE AUTHORITIES AND MEANS OF EXE- 
CUTING THE CONSTITUTION, IN CERTAIN CONTIN- 
GENCIES, AND FOR OTHER PURPOSES. 

These acts and parts of acts, forming a peculiar class of general 
import, being spread through the mass of laws, a copy of v/hich is 
not always accessible, are inserted here for public convenience. 
I'hey prescribe tbe forms of oaths to support the Constitution, S<c. ; 
authorize oaths to be administered by the presiding officers of the 
two Houses, and chairmen of the committees of Congress ; relate 
to the election of President and Vice President ; declare the officer 
v/ho shall act as President in case of vacancies in offices, both of 
President and Vice President; provide compensation to the Presi- 
dent and Vice President; to messengers to deliver electoral votes ; 
apportion tbe Representatives in Congress according to the last 
census, and prescribe the district election of Representatives ; esta- 
blish a uniform time for holding elections for Electors, and pre- 
scribe the mode in which the public acts, records, and judicial pro- 
ceedings, in each State, shall be authenticated so as to take effect 
in every other State; provide for the protection of Ambassadors and 
other public ministers ; for the preservation of the neutrality of the 
United States, and establish Little & Brown's edition of the laws 
and treaties of the United States competent evidence in all the courts 
and offices of the United States and of the several States, &c. 



1. AN ACT to regulate the time and manner of administerino cenam 

oaths. 
Sec. 1. Be it enacted hy the Senate and House of Representatives of the 
United States oj America in Congress assembled, That the oath or affir- 



288 

mation required by the sixth article ot the Constitution of the United 
States, shalLbe administered in the forrn following, to wit : " /, A. B., 
do solemnly swear or affirm (as the case may be) that I will support the 
Constitution of the United States.'" The said oath or affirmation shall 
be administered within three days after the passing of this, act, by any 
one member of the Senate, to the President of the Senate, and by him 
to all the members, and to the Secretary ; and by the speaker of the 
House of Representatives to all the members who have not taken a 
similar oath, by virtue of a particular resolution of the said House, and 
to the clerk : And in case of the absence of any member from the ser- 
vice of either House at the time prescribed for taking the said oath or 
affirmation, the same shall be administered to such member when he 
shall appear to take his seat. 

Sec. 2. And be it further enacted, That at the first session of Congress 
after every general election of representatives, the oath or affirmation 
aforesaid shall be administered by any one member of the House of 
Representatives to the speaker; and by him to all the members present, 
and to the clerk, previous to entering on any other business ; and to the 
members who shall afterwards appear, previous to taking their seats. 
The President of the Senate for the time being, shall also administer the 
said oath or affirmation to each Senator who shall hereafter be elected, 
previous to his taking his seat : And in any future case of a President of 
the Senate, who shall not have taken the said oath or affirmation, the 
same shall be administered to him by any one of the members of the 
Senate. 

Sec. 3. And be it further enacted, That the members of the several 
State legislatures, at the next sessions of the said legislatures respect- 
ively, and all executive and judicial officers of the several States, who 
have been heretofore chosen or appointed, or who shall be chosen or ap- 
pointed before the first day of August next, and who shall then be in 
office, shall, v/ithin one month thereafter, take the same oath or affirma- 
tion, except where they shall have taken it before ; which may be ad- 
mmistered by any person authorized by the law of the State, in which 
such office shall be holden, to administer oaths. And the members of 
the several State legislatures, and all executive and judicial officers of 
the several States, who shall be chosen or appointed after the said first 
day of August, shall, before they proceed to execute the duties of their 
respective offices, take the foregoing oath or affirmation, which shall be 
administered by the person or persons, who, by the law of the State, 
shall be authorized to administer the oath of office ; and the person or 
persons so administering the oath hereby required to be taken, shall 
cause a record or certificate thereof to be made, in the same manner as, 



289 

by the law of the State, he or they shall be directed to record or certify 
the oath of office. 

Sec. 4. And be it farther enact i:d. That all officers appointed, or here- 
after to be appointed, under the authority of the United States, shall, 
before they act in their respective offices, take the same oath or affirma- 
tion, which shall be administered by the person or persons who shall be 
authorized by law to administer to such officers their respective oaths of 
office ; and such officers shall incur the same penalties in case of failure, 
as shall be imposed by law in case of failure in taking their respective 
oaths of office. 

Sec 5. And he it further enacted, That the Secretary of the Senate, 
and the Clerk of the House of Representatives, for the time being, shall, 
at the time of taking the oath or affirmation aforesaid, each take an oath 
or affirmation in the woi'ds following, to wit : '^ I, A. B., Secretary of the 
Senate, or Clerk of the House of Rtpresentaiives (as the case may be) of 
the United. States of America, do solemnly swear or affirm, that I wiUtrily 
and faithfully discharge the duties of my said ajjice, to the lest of 7ny know- 
ledge and abilities.^' 

Approved, June 1, 1789. 

2. AN ACT for the punishment of certain crimes against the United 

States. 

Sec. 25. And he it further enacted. Thai: if any writ or process shall at 
any time hereafter be sued forth or prosecuted by any person or persons, 
in any of the courts of the United States, or in any of the courts of a 
particular State, or by any judge or justice therein respectively, whereby 
the person of any ambassador or other public minister of any foreign 
prince or State, authorized and received as such by the President of the 
United States, or any domestic or domestic servant of any such ambas- 
sador or other public minister, may be arrested or imprisoned, or his or 
their goods or chattels be distrained, seized or attached, such writ or 
process shall be deemed and adjudged to be utterly null and void to ail 
interns, construction and purposes whatsoever. 

Sec 26. And he it further enacted. That in case any person or persons 
shall sue forth or prosecute any such writ or process, such person or per- 
sons, and all attorneys or solicitors prosecuting or soliciting in such case, 
and all officers executing any such writ or process, being thereof con- 
victed, shall be deemed violaiors of the laws of nations, and disturbers 
of the public repose, and imprisoneil not exceeding three years, and finea 
at the discretion of the court. 

Sec 27. Provided nevertheless, That no citizen or inhabitant of the 
United States, who shall have contracted debts pi^or to his entering into 

2S* 



290 

the service of any ambassador or other pubh'c minister, which debts shall 
be still due and unpaid, shall have, take, or receive any benefit of this act, 
nor shall any person be proceeded against by virtue of this act, for having 
arrested or sued any other domestic servant of any ambassador or otner 
public minister, unless the name of such servant be first registered in the 
office of the Secretary of State, and by such secretary transmitted to the 
marshal of the district in which Congress shall reside, who shall, upon 
receipt thereof, affix the same in some public place in his office, whereto 
all persons may resort and take copies without fee or reward. 

Sec 28. And be it further enacted, That if any person shall violate any 
safe-conduct or passport duly obtained and issued under the authority of 
the United States, or shall assault, strike, wound, imprison, or in any 
other manner infract the law of nations, by offering violence to the per- 
son of an ambassador or other public minister, such person so offending, 
on conviction, shall be imprisoned not exceeding three years, and fined at 
the discretion of the court. 

Approved, April 30, 1790. 

3. AN ACT to prescribe the mode in which the public acts, records, 
and judicial proceedings, in each State, shall be authenticated so as to 
take effect in every other State. 

Be it enacted by the Senate and House of JRepresentatives of the United 
States of America in Congress assembled, That the acts of the legislatures 
of the several States shall be authenticated by having the seal of their 
respective States affixed thereto : — That the records and judicial pro- 
ceedings of the courts of any State shall be proved or admitted in any 
other court within the United States, by the attestation of the clerk, and 
the seal of the court annexed, if there be a seal, together with a certifi- 
cate of the judge, chief justice, or presiding magistrate, as the case may 
be, that the said attestation is in due form. And the said records and 
judicial proceedings, authenticated as aforesaid, shall have such faith 
and credit given to them in every court within the United States, as they 
have by law or usage in the courts of the State from whence the said 
records are, or shall be taken. 

Approved, May 26, 1790. 

4. AN ACT supplemental to the act " establishing the Treasury De- 

partment," and for a farther compensation to certain officers. 

Sec. 2. A7id be it further enacted, That each and every clerk, and other 
officer already appointed in any of the departments of the United States, 
'and who have not, since their appointment, taken the oath or affirma- 



291 

tion hereafter mentioned,) shall, within fifteen days after the passing of 
this act, and those who shall hereafter be appointed, shall, before they 
enter upon the duties of such appointment, take an oath or affirmation, 
before one of the justices of the Supreme Court, or one of the judges of 
a district court of the United States, to support the Constitution of the 
United States, and also an oath or affirmation, well and faithfully to exe- 
cute the trust committed to him, which oaths or affirmations, subscribed 
by such clerk, and certified by the person administernig the same, shall 
be filed in the office of the person employing such clerk. 

Approved, 3 March, 1791. 

5. AN ACT relative to the election of a President and Vice President 
of the United States, and declaring the officer who shall act as Presi- 
dent in cases of vacancies in the oflices both of President and Vice 
President. 

Sec. 1. Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That except in case of 
an election of a President and Vice President of the United States, prior 
to the ordinary period, as hereinafter specified, electors shall be appointed 
m each State for the election of a President and Vice President of the 
United States, v/ithin thirty-four days preceding the first Wednesday in 
December, one thousand seven hundred and ninety-two, and within 
thirty-four days preceding the first Wednesday in December in every 
fourth year succeeding the last election, which electors shall be equal to 
the number of Senators and Representatives to which the several States 
may, by law, be entitled at the time when the President and Vice Presi- 
dent, thus to be chosen, should come into office. Provided always, That 
where no apportionment of Representatives shall have been made after 
any enumeration, at the time of choosing electors, then the number of 
electors shall be according to the existing apportionment of Senators and 
Representatives. 

Sec. 2. And be it further enacted, That the electors shall meet and give 
their votes on the said first Wednesday in December, at such place, in 
each State, as shall be directed by the legislature thereof; and the elec 
^ors in each State shall make and sign three certificates of all the votes 
oy them given, and shall seal up the same, certifying, on each, that a list 
of the votes of such State, for President and Vice President, is contained 
thei*n, and shall, by writing, under their hands, or under the hands of a 
majority of them, appoint a person to take charge of, and deliver to the 
President of the Senate, at the seat of Government, before the fust 
Wednesday in January then next ensuing, one of the said certificates 



292 

and the said electors shall forthwith forward, by the post-office, to the 
President of the Senate, at the seat of Governnient, one other oflhe said- 
certificates; and shall, forthwith, cause the other of the said certificates 
to be delivered to the judge of that district in which the said electors 
shall assemble. 

Sec. 3. And he it further enacted, That the executive authority of each 
State shall cause three lists of the names of the electors of such State to 
be made, and certified, and to be delivered to the electors on or before 
the said first Wednesday in December ; and the said electors shall annex 
one of the said lists to each of the lists of their votes. 

Sec 4. And be it further enacted, That if a list of votes from any 
State shall not have been received at the seat of government, on the said 
first Wednesday in January, that then the Secretary of State shall send 
a special messenger to the district judge in whose custody such list shall 
have been lodged, who snail forthwith transmit the same to the seat of 
Government. 

Sec 5. And he it further enacted. That Congress shall be in session 
on the second Wednesday in February, one thousand seven hundred 
and ninety-three, and on the second Wednesday in February succeeding 
every meeting of the electors, and the said certificates, or so many of 
them as shall have been received, shall then be opened, the votes 
counted, and the persons who shall fill the offices of President and Vice 
President ascertained and declared, agreeably to the Constitution. 

Sec 6. And he it further enacted, That, in case there shall be no 
President of the Senate at the seat of Government on the arrival of the 
persons intrusted with the lists of the votes of the electors, then such 
persons shall deliver the lists of votes in their custody into the office ot 
the Secretary of State, to be safely kept and delivered over, as soon as 
may be, to the President of the Senate. 

Sec 7. And he it further enacted, That the persons appointed by the 
electors to deliver the lists of votes to the President of the Senate, shall 
be allowed, on the delivery of the said lists, twenty-five cents for every 
mile of the estimated distance, by the most usual road, from the place of 
meeting of the electors to the seat of Government of the United States. 

Sec 8. And he it further enacted. That if any person, appointed to 
deliver the votes of the electors to the President of the Senate, shall, 
after accepting of his appointment, neglect to perform the services 
required of him by this act, he shall forfeit the sum of one thousand 
dollars. 

Sec. 9. And he it further enacted, That in case of a removal, death, 
resignation, or inability, both of the President and Vice President of the 



293 

United States, the President of the Senate pro tempore, and, m case 
there shall be no President of the Senate, then the Speaker of the 
House of Representatives, for the time being, shall act as President of 
the United States, until the disability be removed, or a President shall 
be elected. 

Sec. 10, And he it further enacted, That whenever the offices of Pre- 
sident and Vice President shall both become vacant, the Secretary of 
State shall forthwith cause a notification thereof to be made to the exe- 
cutive of every State, and shall also cause the same to be published in, 
at least, one of the newspapers printed in each State, specifying that 
electors of the President of the United States shall be appointed oi 
chosen, in the several States, within thirty-four days preceding the first 
Wednesday in December, then next ensuing : Provided, There shall be 
the space of two months between the date of such notification and the 
said first Wednesday in December ; but if there shall not be the space 
of two months between the date of such notification and the first Wed- 
nesday in December, and if the term for which the President and Vice 
President last in office were elected shall not expire on the third day of 
March next ensuing, then the Secretary of State shall specify in the 
notification, that tlie electors shall be appointed or chosen within thirty- 
four days preceding the first Wednesday in December in the year next 
ensuing, within which time the electors shall accordingly be appointed 
or chosen, and the electors shall meet and give their votes on the said 
first Wednesday in December, and the proceedings and duties of the 
said electors, and others, shall be pursuant to the directions prescribed 
in this act. 

Sec. 11. And be it further e?iacted. That the only evidence of a refusal 
to accept, or of a resignation of, the office of President or Vice Presi- 
dent, shall be an instrument in writing, declaring the same, and sub- 
scribed by the person refusing to accept, or resigning, as the case may 
be, and delivered into the office of the Secretary of State. 

Sec 12. And be it further e?iacted, That the term of four years for 
which a President and Vice President shall be elected, shall, in all 
cases, commence on the fourth day of March next succeeding the day on 
which the votes of the electors shall have been given. 

Approved, March 1, 1792. 

6. AN ACT providing compensation to the President and Vice Presi- 
dent of the United States. 

Sec. 1. Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That from and after the 



294 

third day of March, in the present year, the compensation of the Presi- 
dent of the United States shall be at the rate of twenty-five thousand 
dollars per annum, with the use of the furniture and other effects belong- 
ing to the United States, and now in possession of the President : And 
that of the Vice President, at the rate of five thousand dollars per 
annum ; in full for their respective services ; to be paid quarter yearly, 
at the Treasury. 

Approved, February 18, 1793.. 

7. AN ACT to authorize certain officers and other persons to admi- 

nister oaths. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled. That the President of the 
Senate, the Speaker of the House of Representatives, a chairman of a 
committee of the whole, or a chairman of a select committee of either 
House, shall be empowered to administer oaths or affirmations to wit- 
nesses, in any case under .their examination. 

Sec. 2. And be it further e7iacted, That if any person shall wilfully, 
absolutely, and falsely swear or affirm, touching any matter or thing 
material to the point in question, whereto he or she shall be thus exa- 
mined, every person so offending, and being thereof duly convicted, shall 
be subjected ta the pains, penalties, and disabilities, which by law are 
prescribed for the punishment of the crime of wilful and corrupt per- 
jury. Approved, May 3, 1798. 

8. AN ACT supplementary to the act, entitled " An Act to prescribe 
the mode in which the public acts, records, and judicial proceedings 
in each State shall be authenticated so as to take effect in every other 
State." 

Be it enacted by the Senate and House of Representatives of the United 
States of America m Congress assembled, That from and after the pas- 
sage of this act, all records and exemplifications of office books, which 
are or may be kept in any public office of any State, not appertaining to 
a court, shall be approved or admitted in any other court or office in any 
other State, by the attestation of the keeper of the said records or books, 
and the seal of his office thereto annexed, if there be a seal, together 
with a certificate of the presiding justice of the court of the county or 
district, as the case may be, in which such office is or may be kept ; or 
of the Governor, the Secretary of State, the Chancellor or the keeper 
of the great seal of the State, that the said attestation is in due form and 
by the proper officer; and the said certificate, if given by the presiding 



295 

justice of a court, shall be further authenticated by the clerk or protho- 
notary of the said court, who shall certify under his hand and the seal of 
his office, that the said presiding justice is duly commissioned and quali- 
fied ; or if the said certificate be given by the Governor, the Secretary 
of State, the Chancellor or keeper of the great seal, it shall be under the 
great seal of the State in which the said certificate is made. And the 
said records and exemplifications, authenticated as aforesaid, shall have 
such faith and credit given to them in every court and office within the 
United States, as they have by law or usage in the courts or offices ox 
the State from whence the same are or shall be taken. 

Sec. 2. And be it farther enacted, That all the provisions of this act, 
and the act to which this is a supplement, shall apply as well to the 
public acts, records, office books, judicial proceedings, courts and offices 
of the respective territories of the United States, and countries subject 
to the jurisdiction of the United States, as to the public acts, records, 
offices' books, judicial proceedings, courts and offices of the several 
States. 

Approved, March 27, 1804. 

9. AN ACT to extend the provisions of the act to authorize certain 
officers and other persons to administer oaths, approved May the 3d, 
1798. 

Be it enacted hy the Senate and House of Representatives of the United 
States of America in Congress assembhd, That the chairman of any 
standing committee, either of the House of Representatives, or of the 
Senate of the United States, shall be empowered to administer oaths or 
affirmations to witnesses in any case under their examination ; and any 
person who shall be guilty of perjury before such committee shall be 
liable to the pains, penalties, and disabilities, prescribed for the punish- 
ment of the crime of wilful and corrupt perjury. 

Approved, February 8, 1817. 

10. AN ACT to provide for the Publication of the Laws of the United 

States, and for other purposes. 

Sec. 2. And he it further enacted, That, whenever official notice shall 
have been received, at the Department of State, that any amendment 
which heretofore has been, or hereafter may be, proposed to the Con- 
stitution of the United States, has been adopted, according to the provi- 
sions of the Constitution, it shall be the duty of the said Secretary of 
State, forthwith to cause the said amendment to be published in tne said 
newspapers authorized to promulgate the laws, with his cerlifivate, spe 



296 

cifying the States by which the same may have been adopted, and that 
the same has become valid, to all intents and purposes, as a part of the 
Constitution of the United States. 

Approved, April 20, 1818. 

11. AN ACT in addition to the "Act for the punishment of certain 
crimes against the United States," and to repeal the acts therein men- 
tioned. 

Sec. 1. Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That if any citizen oi 
the United States shall, within the territory or jurisdiction thereof, ac- 
cept and exercise a commission to serve a foreign prince. State, colony, 
district, or people, in war, by land or by sea, against any prince. State, 
colony, district, or people, with whom the United States are at peace, 
the person so offending shall be deemed guilty of a high misdemeanor, 
and shall be fined not more than two thousand dollai-s, and shall be im- 
prisoned not exceeding three years. 

Sec 2. And be it further enacted, That if any person shall, within the 
territory or jurisdiction of the United States, enlist or enter himself, or 
hire or retain another person to enlist or enter himself, or to go beyond 
the limits or jurisdiction of the United States with intent to be enlisted 
or entered in the service of any foreign prince, State, colony, district, or 
people, as a soldier, or as a marine or seaman, on board of any vessel of 
war, letter of marque, or privateer, every person, so offending, shall be 
deemed guilty of a high misdemeanor, and shall be fined not exceeding 
one thousand dollars, and be imprisoned not exceeding three years : 
Provided, That this act shall not be construed to extend to any subject 
or citizen of any foreign prince, State, colony, district, or people, who 
shall transiently be within the United States, and shall, on board of any 
vessel of war, letter of marque, or privateet, which, at the time of its 
arrival within the United States, was fitted and equipped as such, enlist 
or enter himself, or hire or retain another subject or citizen of the same 
foreign prince. State, colony, district, or people, who is transiently 
within the United States, to enlist or enter himself to serve such foreign 
prince. State, colony, district, or people, on board such vessel of war, 
letter of marque, or privateer, if the United States shall then be at peace 
with such foreign prince. State, colony, district, or people. 

Sec 3. And be it further enacted. That if any person shall, within the 
'imits of tne United States, fit out and arm, or attempt to fit out and arm, 
or procure to be fitted out and armed, or shall knowingly be concerned 
n. the furnishing, fitting out, or arming, of any ship or vessel, with intent 



297 

that such ship or vessel shall be employed in the service of any foreign 
prince or State, or of any colony, district, or people, to cruise or commit 
hostilities against the subjects, citizens, or property, of any foreign prince 
or State, or of any colony, district, or people, with whom the United 
States are at peace, or shall issue or deliver a commission within the ter- 
ritory or jurisdiction of the United States, for any ship or vessel, to the 
intent that she may be employed as aforesaid, every person so offending 
shall be deemed guilty of a high misdemeanor, and shall be fined not 
more than ten thousand dollars, and imprisoned not more than three 
years ; and every such ship or vessel, with her tackle, apparel, and fur- 
niture, together with all materials, arms, ammunition and stores, which 
may have been procured for the building and equipment thereof, shall be 
forfeited, one half to the use of the informer, and the other half to the use 
of the United States. 

Sec. 4. And he it further enacted, That if any citizen or citizens of the 
United States shall, without the limits thereof, fit out and arm, or attempt 
to fit out and arm, or procure to be fitted out and armed, or shall know- 
ingly aid or be concerned in the furnishing, fitting out, or arming, any 
private ship or vessel of war, or pri.ateer, with intent that such ship or 
vessel shall be employed to cruise, or commit hostilities, upon the citi- 
zens of the United States, or their property, or shall take the command 
of, or enter on board of, any such ship or vessel, for the intent aforesaid, 
or shall purchase any interest in any such ship or vessel, with a view to 
share in the profits thereof, such person, so offending, shall be deemed 
guilty of a high misdemeanor, and fined not more than ten thousand dol- 
lars, and imprisoned not more than ten years ; and the trial for such 
offence, if committed without the limits of the United States, shall be in 
the district in which the offender shall be apprehended or first brought. 

Sec. 5. And he it further enacted, That if any person shall, within the 
territory or jurisdiction of the United States, increase or augment, or 
procure to be increased or augmented, or shall knowingly be concerned 
in increasing or augmenting, the force of any ship of war, cruiser, or other 
armed vessel, which, at the time of her arrival within the United States, 
was a ship of war, or cruiser, or armed vessel, in the service of any 
foreign prince or State, or of any colony, district, or people, or belong- 
ing to the subjects or citizens of any such prince or State, colony, dis- 
trict, or people, the same being at war with any foreign prince or state, 
or of any colony, district, or people, with whom the United States are at 
peace, by adding to the number of the guns of such vessel, or by changing 
ihose on board of her for guns of a larger calibre, or by the addition 
thereto of any equipment solely appUcable to war, every person, so ot 

29 



298 

fending, shall be deemed guilty of a high misdemeanor, shall be fined 
not more than one thousand dollars and be imprisoned not more tnan one 
year. 

Sec. 6, And he it further enacted, That if any person shall, within the 
territory or jurisdiction of the United States, begin or set on foot, or pro- 
vide or prepare the means for, any military expedition or enterprise, to 
be carried on from thence against the territory or dominions of any foreign 
prince or State, or of any colony, district, or people, with whom the 
United States are [at] peace, every person, so offending, shall be deemed 
guilty of a high misdemeanor, and shall be fined not exceeding three 
thousand dollars, and imprisoned not more than three years. 

Sec. 7. And be it further enacted, That the district court shall take 
cognisance of complaints, by whomsoever instituted, in cases of captures 
made within the waters of the United States, or within a marine league 
of the coasts or shores thereof. 

Sec. 8. And he it further enacted, That m every case in which a ves- 
sel shall be fitted out and armed, or attempted to be fitted out and armed, 
or in which the force of any vessel of war, cruiser, or other armed vessel, 
shall be increased or augmented, or in which any military expedition or 
enterprise shall be begun or set on foot, contrary to the provisions and 
prohibitions of this act ; and in every case of the capture of a ship or ves- 
sel within the jurisdiction or protection of the United States as before 
defined, and in every case in which any process issuing out of any court 
of the United States shall be disobeyed or resisted by any person or per- 
sons having the custody of any vessel of war, cruiser, or other armed 
vessel, of any foreign prince or State, or of any colony, district, or peo- 
ple, or of any subjects or citizens of any foreign prince or State, or of any 
colony, district, or people, in every such case it shall be lawful for the 
President of the United States, or such other person as he shall have 
empowered for that purpose, to employ such part of the land or naval 
forces of the United States, or of the militia thereof, for the purpose of 
taking possession of and detaining any such ship or vessel, with her 
prize or prizes, if any, in order to the .execution of the prohibitions and 
penalties of this act, and to the restoring the prize or prizes in the cases 
in which restoration shall have been adjudged, and also for the purpose 
of preventing the carrying on of any such expedition or enterprise from 
the territories or jurisdiction of the United States against the territories 
or dominions of any foreign prince or State, or of any colony, district, or 
people, with whom the United States are at peace. 

Sec 9. And he it further enacted, That it shall be lawful for the Presi- 
dent of the United States, or such person as he shall empower for that 



299 

purpose, to employ such part of the land or naval forces of the United 
States, or of the nfiilitia thereof, as shall be necessary to compel any 
foreign ship or vessel to depart the United States, in all cases in which, 
by the laws of nations or the treaties of the United States, they ought 
not to remain within the United States. 

Sec. 10. And be it further enacted, That the owners or consignees of 
every armed ship or vessel sailing out of the ports of the United States, 
belonging wholly or in part to citizens thereof, shall enter into a bond to 
the United States with sufficient sureties, prior to clearing out the same, 
in double the amount of the value of the vessel and cargo on board, in- 
cluding her armament, that the said ship or vessel shall not be employed 
by such owners to cruise or commit hostilities against the subjects, citi- 
zens, or property, of any foreign prince or State, or of any colony, dis- 
trict, or people, with whom the United States are at peace. 

Sec. 11. And be it further enacted, That the collectors of the customs 
be, and they are hereby, respectively authorized and required to detain 
any vessel manifestly built for warlike purposes, and about to depart the 
United States, of which the cargo shall principally consist of arms and 
munitions of war, when the number of men shipped on board, or other 
circumstances, shall render it probable that such vessel is intended to be 
employed by the owner or owners to cruise or commit hostilities upon 
the subjects, citizens, or property, of any foreign prince or State, or of 
any colony, district, or people, with whom the United States are at 
peace, until the decision of the President be had thereon, or until the 
owner or owners shall give such bond and security as is required of the 
owners of armed ships by the preceding section of this act. 

Sec 12. And be it further enacted, That the act passed on the fifth 
day of June, one thousand seven hundred and ninety-four, entitled "An 
act in addition to the act for the punishment of certain crimes against the 
United States," continued in force, for a limited time, by the act of the 
second of March, one thousand seven hundred and ninety-seven, and 
perpetuated by the act passed on the 24th of April, one thousand eight 
hundred, and the act, passed on the fourteenth day of June, one thou- 
sand seven hundred and ninety-seven, entitled " An act to prevent citi- 
zens of the United States from privateering against nations in amity 
with, or against the citizens of the United States," and the act, passed 
the third day of March, one thousand eight hundred and seventeen, enti- 
tled "An act more effectually to preserve the neutral relations of the 
United States," be, and the same are hereby, severally, repealed: Pro- 
vided nevertheless, That persons having heretofore offended against any 
of the acts aforesaid, may be prosecuted, convicted, and punished, as if 



300 

the same were not repealed ; and no forfeiture heretofore incurred by a 
violation of any of the acts aforesaid shall be affected by such repeal. 

Sec. 13. And he it further enacted, That nothing in the foregoing act 
shall be construed to prevent the prosecution or punishment of treason, 
or any piracy defined by the laws of the United States. 

Approved, April 20, 1818. 

12. AN ACT making compensation to the persons appointed by the 

Electors to deliver the votes for President and Vice President. 

Sec. 1. Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. That the person 
appointed by the electors to deliver to the President of the Senate a hst 
of the votes for President and Vice President, shall be allowed, ondeli- 
very of said list, twenty-five cents for every mile of the estimated dis- 
tance, by the most usual route, from the place of meeting of the electors 
to the seat of Government of the United States, going and returning. 

Sec 2. And be it further enacted, That this act shall take effect from 
the first of November, eighteen hundred and twenty-four. 

Approved, February 11, 1825. 

13. AN ACT for the apportionment of Representatives among the 

several States according to the Sixth Census. 

Sec 1. Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. That from and after 
the third day of March, one thousand eight hundred and forty-three, the 
House of Representatives shall be composed of members elected agree- 
ably to a ratio of one Representative for every seventy thousand six 
hundred and eighty persons in each State, and of one additional Repre- 
sentative for each State having a fraction greater than one moiety of the 
said ratio, computed according to the rule prescribed by the Constitution 
of the United States^ that is to say: Within the State of Maine, seven; 
within the State of New Hampshire, four; within the State of Massa- 
chusetts, ten; within the State of Rhode Island, two; within the State 
of Connecticut, four; within the State of Vermont, four; within the 
State of New York, thirty-four ; within the State of New Jersey, five ; 
within the State of Pennsylvania, twenty-four ; within the State of Dela- 
ware, one ; within the State of Maryland, six ; within the State of Vir- 
ginia, fifteen; within the State of North Carolina, nine; within the 
State of South Carolina, seven ; within the State of Georgia, eight ; 
within the State of Alabama, seven; within the State of Louisiana, four; 
"dthin the State of Mississippi, four; within the State of Tennessee, 



301 

eleven ; within the State of Kentucky, ten ; within the State of Ohio, 
twenty-one ; within the State of Indiana, ten ; within the State of Illi- 
nois, seven; within the State of Missouri, five; within the State of 
Arkansas, one ; and within the State of Michigan, three. 

Sec. 2. A?id be it further enacted, That in every case where a State ia 
entitled to more than one Representative, the number to which each 
State shall be entitled under this apportionment shall be elected by dis- 
tricts composed of contiguous territory equal in number to the number 
of Representatives to which said State may be entitled, no one district 
electing more than one Representative. 

Approved, June 25, 1842. 

14. AN ACT to provide further remedial justice in the courts of the 

United States. 

Sec. 1. Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That either of the jus- 
tices of the Supreme Court of the United States, or a judge of any dis- 
trict court of the United States, in which a prisoner is confined, in 
addition to the authority already conferred by law, shall have power to 
grant writs of habeas corpus in all cases of any prisoner or prisoners in 
jail or confinement, where he, she, or they, being subjects or citizens of 
a foreign State, and domiciled therein, shall be committed or confined, 
or in custody, under or by any authority or law, or process founded 
thereon, of the United States, or of any one of them, for or on account 
of any act done or committed under any alleged right, title, authority, 
privilege, protection, or exemption, set up or claimed under the commis- 
sion, or order, or sanction, of any foreign State or Sovereignty the vali- 
dity and effect whereof depend upon the law of nations, or under color 
thereof. And upon the return of the said writ, and due proof of the 
service of notice of the said proceedings to the Attorney- General or other 
officer prosecuting the pleas of the State, under v/hose authority the pe- 
titioner has been arrested, committed, or is held in custody, to be pre- 
scribed by the said justice or judge at the time of granting said writ, the 
said justice or judge shall proceed to hear the said cause ; and if, upon 
hearing the same, it shall appear that the prisoner or prisoners is or are 
entitled to be discharged firom such confinement, commitment, custody, 
or arrest, for or by reason of such alleged right, title, authority, privi- 
leges, protection or exemption, so set up and claimed, and the law of 
nations applicable thereto, and that the same exists in fact, and has been 
duly proved to the said justice or judge, then it shall be the duty of the 
said justice or judge forthwith to discharge such prisoner or prisoners 

29* 



302 

accordingly. And if it shall appear to tlie said justice or judge that such 
judgment of discharge ought not to be rendered, then the said prisoner 
or prisoners shall be forthwith remanded : Provided always. That from 
any decision of such justice or judge an appeal may be taken to the Cir- 
cuit Court of the United States for the district in which the said cause is 
heard ; and from the judgment of the said Circuit Court to the Supreme 
Court of the Uhited States, on such terms and under such regulations 
and orders as well for the custody and appearance of the prisoner or pri- 
soners as for sending up to the appellate tribunal a transcript of the peti- 
tion, writ of habeas corpus returned thereto, and other proceedings, as 
the judge hearing the said cause may prescribe ; and pending such pro- 
ceedings or appeal, and until final judgment be rendered therein, and 
after final judgment of discharge in the same, any proceeding against 
said prisoner or prisoners, in any State court, or by or under the 
authority of any State, for any matter or thing so heard and determined, 
or in process of being heard and determined, under and by virtue of such 
writ of habeas corpus, shall be deemed null and void. 

Approved, August 29, 1842. 

15. AN ACT to establish a uniform time for holding elections for elect- 
ors of President and Vice President in all the States of the Union. 

Sec. 1. Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the electors of 
President and Vice President shall be appointed in each State on the 
Tuesday next after the first Monday in the month of November of the 
year in which they are to be appointed. Provided, That each state may 
by law provide for the filling of any vacancy or vacancies which may 
occur in its college of electors when such college meets to give its elec- 
toral vote. A7id provided, also, when any State shall have held an elec- 
tion for the purpose of choosing electors, and shall fail to make a choice 
on the day aforesaid, then the electors may be appointed on a subsequent 
day in such manner as the State shall by law provide. 

Approved, January 23, 1845. 

16. AN ACT to provide for the distribution of the edition of the laws 
and treaties of the United States, published by Little and Brown, under 
the provisions of the resolutions of Congress, approved March 3, 1845, 
and for other purposes. 

Sec 2. And whereas, said edition of the said Laws and Treaties of the 
United States has been carefully collated and compared with the original 



303 

rolls in the archives of the government, under the inspection and super- 
vision of the Attorney General of the United States, as duly certified by 
that officer; Therefore, Be it further enacted, That said edition of the 
Laws and Treaties of the United States, published by Little and Brown, 
is hereby declared to be competent evidence of the several public and 
private acts of Congress, and of the several treaties therein contained, in 
all the courts of law and equity, and of maritime jurisdiction, and in all 
the tribunals and public offices of the United States, and of the several 
States, without any further proof or authentication thereof. 

Approved, August 8, 1846. 

17. AN ACT for giving effect to certain treaty stipulations between this 
and foreign governments, for the apprehension and delivering up of 
certain offenders. 

Be it enacted hy the Senate and House of Representatives of the United 
States of America in Congress assembled, That in all cases in which there 
now exists, or hereafter may exist, any treaty or convention for exti-a- 
dition between the government of the United States and any foreign go- 
vernment, it shall and may be lawful for any of the justices of the supreme 
court or judges of the several district courts of the United States — and the 
judges of the several State courts, and the commissioners authorized so to 
do by any of the courts of the United States, are hereby severally vested 
with power, jurisdiction, and authority, upon complaint made under oath 
or affirmation, charging any person found within the limits of any state, 
district, or territory, with having committed within the jurisdiction of any 
such foreign government, any of the crimes enumerated or provided for by 
any such treaty or convention — to issue his warrant for the apprehension 
of the person so charged, that he may be brought before such judge or 
commissioner, to the end that the evidence of criminality may be heard 
and considered; and if, on such hearing, the evidence be deemed sufficient 
by him to sustain the charge under the provisions of the proper treaty or 
convention, it shall be his duty to certify the same, together with a copy 
of all the testimony taken before him, to the Secretary of State, that a 
warrant may issue upon the requisition of the proper authorities of such 
foreign government, for the surrender of such person, according to the 
stipulations of said treaty or convention ; and it shall be the duty of the 
said judge or commissioner to issue his warrant for the commitment of the 
person so charged to the proper gaol, there to remain until such surrender 
shall be made. 

Sec. 2. And he it furtlier enacted, That in every case of complaint as 
aforesaid, and of a hearing upon the return of the warrant of arrest, copies 



of the depositions upon which an original warrant in any such foreign 
country may have been granted, certified under the hand of the person or 
persons issuing such warrant, and attested upon the oath of the party pro- 
ducing them to be true copies of the original depositions, may be received 
in evidence of the criminality of the person so apprehended. 

Sec. 3. And be it further enacted, That it shall be lawful for the Secretary 
of State, under his hand and seal of oflSce, to order the person so committed 
to be delivered to such person or persons as shall be authorized, in the 
name and on behalf of such foreign government, to be tried for the crime 
of which such person shall be so accused, and such person shall be delivered 
up accordingly; and it shall be lawful for the person or persons authorized, 
as aforesaid, to hold such person in custody, and to take him or her to the 
territories of such foreign government, pursuant to such treaty; and if the 
person so accused shall escape out of any custody to which he or she shall 
be committed, or to which he or she shall be delivered, as aforesaid, it shall 
be lawful to retake such person, in the same manner as any person, accused 
of any crime against the laws in force in that part of the United States 
to which he or she shall so escape, may be retaken on an escape. 

Sec. 4. And he it further enacted, That when any person who shall have 
been committed under this act or any such treaty as aforesaid, to remain 
until delivered up in pursuance of a requisition as aforesaid, shall not be 
delivered up pursuant hereto and conveyed out of the United States 
within two calendar months after such commitment over and above the 
time actually required to convey the prisoner from the gaol to which he or 
she may have been committed by the readiest way out of the United States, 
it shall in every such case be lawful for any judge of the United States or 
of any State, upon application made to him by or on behalf of the person 
so committed, and upon proof made to him, that reasonable notice of the 
intention to make such application has been given to the Secretary of State, 
to order the person so committed to be discharged out of custody, unless 
sufficient cause shall be shown to such judge why such discharge ought not 
to be ordered. 

Sec. 5. And he it further enacted, That this act shall continue in force 
during the existence of any treaty of extradition with any foreign govern- 
ment, and no longer. 

Sec. 6. And he it further enacted. That it shall be lawful for the courts 
of the United States, or any of them, to authorize any person or persons to 
act as a commissioner or commissioners under the provisions of this act ; and 
the doings of such person or persons so authorized, in pursuance of any of 
the provisions aforesaid, shall be good and available to all intents and pur- 
poses whatsoever. Ajyproved, August 12, 1848. 



805 

18. AN ACT providing for the taking of the seventh and subsequent cen- 
suses of the United States, and to fix the number of members of the 
House of Representatives, and to provide for their future apj)ortionment 
among the several States. 

Sec. 23. Ayid be it further enacted, That if no other law be passed provi- 
ding for the taking of the eighth, or any subseqiient census of the United 
States, on or before the first day of January, of any year, when, by the 
Constitution of the United States, any future enumeration of the inhabi- 
tants thereof is required to be taken, such census shall, in all things, be 
taken and completed according to the provisions of this act. 

Sec. 24. And be it further enacted, That from and after the 3d day of 
March, 1853, the House of Representatives shall be composed of two hundred 
and thirty-three members, to be apportioned among the several States in 
the manner directed in the next section of this act. 

Sec. 25. And be it further enacted. That so soon as the next and each 
subsequent enumeration of the inhabitants of the several States directed 
by the Constitution of the United States to be taken, shall be completed 
and returned to the office of the Department of the Interior, it shall be the 
duty of the Secretary of the Interior to ascertain the aggregate representa- 
tive population of the United States, by adding to the whole number of 
free persons in all the States, including those bound to service for a term 
of years, and excluding Indians not taxed, three-fifths of all other per- 
sons; which aggregate population he shall divide by the number two 
hundred and thirty -three, and the product of such division, rejecting any 
fraction of an unit, if any such happen to remain, shall be the ratio, or rule 
of apportionment of Representatives among the several States under such 
enumeration: and the said Secretary of the Department of the Interior 
shall then proceed, in the same manner, to ascertain the representative 
population of each State, and to divide the whole number of the representa- 
tive population of each State, by the ratio already determined by him, as 
above directed; and the product of this last division shall be the number 
of Representatives apportioned to such State under the then last enumera- 
tion : Provided, That the loss in the number of members caused by the 
fractions remaining in the several States, on the division of the population 
thereof, shall be compensated for by assigning to so many States having 
the largest fractions, one additional member for each for its fraction, as 
may be necessary to make the whole number of Representatives two hundred 
and thirty-three. And provided, also, That if, after the apportionment of 
the Representatives under the next, or any subsequent census, a new State 
or States shall be admitted into the Union, the Representative or Repre- 
sentatives assigned to such new State or States, shall be in addition to the 
number of Representatives herein above limited; which excess of Repre- 
sentatives over two hundred and thirty-three shall only continue until th.§ 



306 

next succeeding apportionment of Representatives under the next succeed- 
ing census. 

Sec. 26. And he it further enacted, That when the Department of the 
Interior shall have apportioned the Representatives in the manner above 
directed among the several States under the next, or any subsequent 
enumeration of the inhabitants of the United States, he shall, as soon as 
practicable, make out and transmit, under the seal of his ofiice, to the House 
of Representatives, a certificate of the number of members apportioned to 
each State under the then last enumeration; and shall likewise make out 
and transmit without delay to the Executive of each State, a certificate 
under his seal of office, of the number of members apportioned to such State, 
under such last enumeration. A2yproved, 23 May, 1850. 

[The preceding sections fall under the class of general Laws intended 
to be inserted in this compilation; the residue of this act, relating solely to 
the manner of taking and returning the census, wiU be found in the statutes 
of the United States.] 

19. AN ACT to authorize Notaries Public to take and certify oaths, affirma- 
tions, and acknowledgments in certain cases. 

Be it enacted hy the Senate and House of Representatives of the United 
States of America in Congress assembled. That in all cases in which, under 
the laws of the United States, oaths or affirmations, or acknowledgments, 
may now be ta,ken or made before any justice or justices of the peace of 
any State or Territory, such oaths, affirmations, or acknowledgments may 
be hereafter also taken or made by or before any Notary public duly ap- 
pointed in any State or Territory, and, when certified under the hand and 
official seal of such Notary, shall have the same force and effect as if taken 
or made by or before such justice or justices of the peace. And all laws 
and parts of laws for punishing perjury, or subornation of perjury, com- 
mitted in any such oaths or affirmations when taken or made before any 
such justice of the peace, shall apply to any such offence committed in any 
oaths or affirmations which may be taken under this act before a Notary 
public, or commissioner, as hereinafter named : Provided alioays, That on 
trial for either of these offences, the seal and signature of the Notary 
shall not be deemed sufficient in themselves to establish the official character 
of such Notary, but the same shall be shown by other and proper evidence. 

Sec. 2. Ayid he it further enacted, That all the powers and authority 
conferred in and by the preceding section of this act upon Notaries public, 
be, and the same are hereby vested in, and may be exercised by, any com- 
missioner appointed, or hereafter to be appointed, by any Circuit Court of 
the United States, under any act of Congress authorizing the appointment 
of commissioners to take bail, affidavits, or depositions, in causes pending 
in the courts of the United States. Approved, 16 Septetnber, 1850. 



307 

20. A RESOLUTION relating to the publication of the Laws of the 
United States. 

Resolved, by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the Secretary of State be 
authorized and directed to contract with Little and Brown to furnish their 
annual statutes at large, printed in conformity with the plan adopted by 
Congress in eighteen hundred and forty-five, instead of the edition usually 
issued by his order, under the act of Congress of April 20, 1818, and which 
conforms to an edition of the Laws now out of use. 

Approved, 26 September, 1850. 



309 



CHAPTER 7. 

EXPLANATORY NOTES OF THE FOLLOWING TABLES. 

1. The tables of Electoral votes for President and 
Vice President of the United States, commencing with 
page 315, present an historical synopsis of the lead- 
ing political sentiments of the American people, from the 
adoption of the Constitution to the present time, as in- 
dicated by the votes given for the distinguished indi- 
viduals whose opinions were supposed to imbody, from 
time to time, those sentiments, and a biographical notice 
of the individuals themselves ; the statement of whose 
names alone will recall to memory their meritorious public 
services and exalted characters. 

2. The table commencing with page 336, of the terms 
of office and length of service, in the Senate, of the Vice 
Presidents and Presidents pro tempore, may be supposed, 
generally, to show, from time to time, the leading poh- 
tical sentiments of the majority of that honorable body, 
as indicated by the choice of Senators to occupy the 
station of President pro tempore, whose political senti- 
ments were, at the time, well known. This table also 
shows the commencement and termination of, as well as the 

number of days in, each Session of Congress and special 

30 



310 

session of the Senate, from the 4th March, 1789, to the 
termination of the second session of the thirty-first 
Congress, being the 3d March, 1851. 

3. The table commencing with page 346 shows the 
names, and the commencement and termination of the 
service, of every Senator of the United States, from the 
4th March, 1789, to the 3d March, 1851, being the 
termination of the second session, thirty-first Congress. 
A geographical, rather than an alphabetical, arrange- 
ment was preferred, for the reason that a regular succes- 
sion may be traced in the service of the several classes 
of Senators of each State, from the commencement of the 
Government, or the admission of such State into the Union, 
to the present time. 

This table practically illustrates that provision of the 
Constitution which directs the arrangement of the Senators 
into three classes, whose terms of service expire alter- 
nately every two years, exhibiting the progressive appli- 
cation of the principle to the Senators from new States 
as they become qualified, by which the three classes are 
preserved equal in number, or as nearly so as practicable 
— one-third being elected biennially, and two- thirds being, 
at all times, prepared to attend the call of their country 
for the transaction of Legislative, Executive, or Judicial 
business ; or, indeed, by a provident arrangement of the 
State Legislatures (as is the prevailing practice) in re- 
electing the Senators whose terms of service are about 



311 

to expire, or electing others in anticipation of vacancies, 
the Senate may preserve a continued existence in full 
force. 

4. The fourth table, page 385, contains the names and 
the commencement and termination of service of the 
secretaries of the Senate of the United States, there 
having been only four individuals in the occupancy of 
that responsible office from the commencement of the 
Government under the Constitution to the present time, 
a circumstance which has preserved to this Honorable 
Body the advantages of accumulated experience in the 
Officers in their service. 

5. The table commencing with page 386, exhibits the 
names and terms of service of the Representatives in 
Congress who have been elected to, and have occupied, 
the distinguished station of Speaker of the House of Re- 
presentatives of the United States, from the 4th March, 
1789, to the 3d March, 1851, and the names of the States 
of which they were Representatives. 

6. The sixth table, page 388, contains the names, and 
the commencement and termination of service of the Clerks 
of the House of Representatives of the United States, from 
which it appears that thirteen changes have taken place 
in the occupancy of this office since the 4th March, 
1789 ; making an average of less than five years' ser\'ice 
to each individual, a circumstance which has sometimes 
deprived that Honorable House of much of the advan- 



312 

tage of accumulated experience, which the business of 
legislation and the public interest so constantly require 
in the service of Legislative Bodies. 

The second and fourth tables embrace the names of all 
those individuals who have occupied the stations of Vice 
President, President pro tempore, and Speaker of the 
House of Representatives ; the occupants of which offices 
have been constituted a reserve corps by the provisions 
of the Constitution, and of the act of Congress of the 1st 
March, 1792, in the order in which they are here men- 
tioned, to fill the office of President of the United States, 
in the event of its becoming vacant by any of the casu- 
alties enumerated in the Constitution. Hence has arisen 
the practice of the Vice President's retiring from the 
Chair of the Senate a short time previous to the adjourn- 
ment of each session, with the view of affording the 
Senate an opportunity of choosing a President pro 
tempore, who^ according to the prevailing practice, would 
hold that office until the reappearance of the Vice Presi- 
dent in the Senate ; and, should any casualty deprive 
the country of the services of the President and Vice Pre- 
sident acting as President, during the recess of Congress, 
the President pro tempore so chosen, according to the pre- 
vailing understanding, would be prepared to occupy that 
office until a President could be elected ; which office 
would otherwise, however, devolve on the Speaker of the 
House of Representatives, should the vacancy happen 



313 

during the existence of a Congress ; but should there be 
no President pro tempore, and the vacancy occur during 
a recess, after the expiration of one Congress and pre- 
vious to the assembling of another, while there was no 
Speaker, there would then be no officer to fill that high 
and responsible station. 

These tables may afford a useful suggestion of the im- 
portance of preserving the biography of distinguished 
citizens who may have been, or may be called to im- 
portant public stations, with a view of extending the 
practical political history of the country, which, perhaps, 
could not be more effectually developed than by a 
faithful delineation of the characters, principles, and 
acts of the American statesmen, whose wisdom and 
patriotism have elevated the character of the Republic, 
and will continue to guide its destinies, as it is fervently 
hoped, through the long vista of ages to the consummation 
of time. 



30^ 



315 



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316 

Election for the Second term, commencing Uh March, 1793, and terminating 

M March, 1797. 



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6 

16 
4 
9 
3 

12 
7 

15 
3 
8 

21 
4 

12 
8 
4 



132 



STATES. 



New Hampshire 

Massachusetts 

Rhode Island 

Connecticut 

Vermont 

New York 

New Jersey 

Pennsylvania 

Delaware 

Maryland 

Virginia 

Kentucky 

North Carolina 

South Carolina 

Georgia 

Whole No. of Electors 

Majority 67 






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16 
4 
9 
3 

12 
7 

15 
3 
8 

21 
4 

12 



132 



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6 
16 
4 
9 
3 

7 

14 

3 






77 



12 
1 

21 

12 

4 



50 






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George Washington, elected President, took the oath of office for a 
second term on 4th March, 1793. 

John Adams, elected Vice President, took the oath of office and 
attended in Senate on 2d December, 1793. 



31T 



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Election for the Fourth term, commencing Ath March, 1801, and terminating 

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138 



STATES. 



New Hampshire 

Massachusetts 

Rhode Island 

Connecticut 

Vermont 

New York 

New Jersey 

Pennsylvania 

Delaware 

Maryland 

Virginia 

KentuuKy 

North Carolina 

Tennessee 

South Carolina 

Georgia 

Whole No. of Electors 

Majority 70 



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5 

21 

4 



73 



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5 

21 



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6 

16 
4 
9 
4 

7 
7 



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65 



6 

16 
3 
9 
4 

7 
7 
3 
5 



64 



o . 



The electoral vote for Thomas Jefferson and Aaron Burr being equal, no choice 
was made by the people, and the House of Representatives proceeded on Wed- 
nesday, February 11, ISOl, in the manner prescribed by the Constitution to the 
choice of a President of the United States. On the first ballot eight States voted for 
Thomas Jefferson, of Virginia, six States voted for Aaron Burr, of New York, 
and the votes of two States were divided. The balloting continued until Tuesday, 
17th February, ISOl, when the thirty-fifth ballot, as had all the previous ballots, 
resulted the same as the first. The House then proceeded to the thirty-sixth 
ballot, and it having been concluded, the Speaker declared that the votes of ten 
States had been given for Thomas Jefferson, of Virginia, the votes of four States 
for Aaron Burr, of New York, and the votes of two States in blank ; and that, 
consequently, Thomas Jefferson, of Virginia, had been, agreeably to the Constitu- 
tion, elected President of the TTnited States, for the term of four years, commenc- 
ing on the 4lh day of March, 1«01. 

Thomas Jefferson, thus elected, took the oath of office, and entered upon his 
duties on 4th of March, 1801. 

Aaron Burr, as Vice President, took the oath of office, and entered upon his 
duties on 4t4i of March, 1801. 



319 

Election for the Fifth term, commencing 4rA March, 1805, and termmating 

•dd March, 1809. 



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7 
19 
4 
9 
6 

19 

8 

20 

3 

11 

24 

14 

10 

6 

5 

8 

3 



176 



STATES. 



New Hampshire 

Massachusetts 

Rhode Island 

Connecticut 

Vermont 

New York 

New Jersey 

Pennsylvania 

Delaware 

Maryland 

Virginia 

North Carolina 

South Caroliua 

Georgia 

Tennessee 

Kentucky 

Ohio 

Whole No. of electors 

Majority 89 



PRESIDENT. 



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7 

19 

4 

*6 

19 

8 

20 

9 

24 

14 

10 

6 

5 



162 



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14 



V. PRESIDENT. 



1^ 
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7 

19 

4 

6 
19 

8 
20 

9 

24 

14 

10 

6 

5 



162 



c o 

CO 

P4 



14 



Thomas Jefferson, elected President, took the oath of office for a 
second term on 4th March, 1805. 

George Clinton, elected Vice President, took the oath of office in 
Senate Chamber on 4th March, 1805. 



320 

Election for the Sixth term, commencing ^th March, 1809, and terminating 

2d March, 1813. 



§-2 

• « 
o 



7 
19 
4 
9 
6 

19 

8 

20 

3 

11 

24 

14 

10 

6 

7 

5 

3 



175 



STATES. 



New Hampshire . 
Massachusetts • . . 
Rhode Island . . • . 

Connecticut 

Vermont 

New York 

New Jersey 

Pennsylvania . . . . 

Delaware 

Maryland 

Virginia 

North Carolina . . 
South Carolina . • 

Georgia 

Kentucky 

Tennessee 

Ohio 

Whole No. of elec- 
tors 

Majority 88 



PRESIDENT. 



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6 
13 

8 
20 

9 

24 

11 

10 

6 

7 

5 

3 



122 



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7 
19 



47 



VICE PRESIDENT. 



C o 
O 



13 

8 

20 

9 

24 

11 

10 

6 

7 

5 



113 









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O 02 

^^ 



c o 
p4 



7 

19 

4 

9 



47 



James Madison, elected President, took the oath of office, and entered 
upon its duties on 4th March, 1809. 

George Clinton, elected Vice President, took the oath of office in 
Senate Chamber on 4th March, 1809. 



321 

Ejection fw the Seventh term, commencing 4:th March, 1813, and terminating 

3d March, 1817. 



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22 

4 

9 

8 

29 

8 

25 

4 

11 

25 

15 

11 

8 

12 

8 

7 

3 



217 



STATES. 



New Hampshire 

Massachusetts 

Rhode Island 

Connecticut 

Vermont 

New York 

New Jersey 

Pennsylvania 

Delaware 

Maryland 

Virginia 

North Carolina 

South Carolina 

Georgia. 

Kentucky , 

Tennessee 

Ohio. , 

Louisiana 

Whole No. of electors 

Majority 109 



PRESIDENT. 



O 



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m> 

CD v^ 



25 

6 

25 

15 

11 

8 

12 

8 

7 

3 



128 



S o 

O o 



22 
4 
9 

29 



89 



V, PRESIDENT. 



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o 
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H' 



25 

6 

25 

15 

11 

8 

12 

8 

7 

3 



131 



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1-5 o 



7 

20 

4 

9 

29 



86 



James Madison, elected President for a second term. (There is no 
notice on the Journals of Congress of his having taken the oath.) 

Elbridge Gerry, elected Vice President, attended in the Senate 24th 
May, 1813, and exhibited a certiiicate of his having taken the oath ol 
office prescribed by law, which was read. 

31 



322 

Election for the Eighth term, commencing Ath March, 1817, and terminating 

2d March, 1821. 



-2 ^ 

O 



22 
4 
9 
8 

29 
8 

25 
3 
8 

25 

15 

11 
8 

12 



217 



STATES. 



New Hampshire 

Massachusetts 

Rhode Island 

Connecticut 

Vermont 

New York 

New Jersey 

Pennsylvania 

Delaware 

Maryland. . . i 

Virginia 

North Carolina 

South Carolina. 

Georgia 

Kentucky 

Tennessee 

Ohio. 

Louisiana • 

Indiana 

Whole No. of Electors. 
Majority 109 



PRESIDENT. 



! M 



29 

8 

25 



25 
15 
11 
8 
12 



183 



fi o 



P4 



22 



34 



VICE PEESIDENT. 









29 

8 

25 



25 
15 
11 
8 
12 



183 



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22 



22 



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James Monroe, elected President, took the oath of office, and entered 
upon its duties on 4th March, 1817. 

Daniel D. Tompkins, elected Vice President, took the oath of office, 
and attended in Senate on 4th March, 1817. 



328 

Election for the Ninth term, commencing ^th March, 1821, and terminating 

3d March, 1825. 



W.2 



,02 



O c3 

Iz; « 



15 

4 

9 

8 

29 

8 

25 

4 

11 

25 

15 

11 

8 

12 



235 



STATES. 



New Hampshire 

Massachusetts • 

Rhode Island 

Connecticut 

Vermont 

New York 

New Jersey 

Pennsylvania 

Delaware 

Maryland 

Virginia 

North Carolina 

South Carolina 

Georgia 

Kentucky 

Tennessee 

Ohio. 

Louisiana. 

Indiana 

Mississippi 

Illinois 

Alabama 

Maine 

Missouri. 

Whole No. of Electors. 
Majority 118 



PRESIDENT. 



CO I-^ 



7 

15 

4 

9 

8 

29 

8 

24 

4 

11 

25 

15 

11 

8 

12 

7 

8 

3 

3 

2 

3 

3 

9 

3 



231 



m ^ 

<'-6 



VICE PRESIDENT. 



c o 






7 
7 
4 
9 
8 

29 
8 

24 

10 
25 
15 
11 

8 
12 

7 



218 



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ft 



James Monroe, elected President for a second term. (There is no 
notice on the Journals of Congress of his having taken the oath.) 

Daniel D. Tompkins, elected Vice President for a second term. 
(There is no notice on the Journals of Congress of his having taken the 
eath.) 



324 



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325 



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326 

Election for the Eleventh term, commencing Ath March, 1829, and termi 
nating 3d March, 1833. 



as 

a OS 

Co *^ 

o rt 
"^ >. 

O'-cJ 



15 

4 

8 

7 

36 

8 

28 

3 

11 

24 

15 

11 

9 

14 

11 

16 

5 

3 

5 

3 

5 

3 



261 



STATES. 



Maine 

New Hampshire 
Massachusetts .. 
Rhode Island . . . 
Connecticut . . . . 

Vermont 

New York 

New Jersey^ ... . 
Pennsylvania . . . 

Delaware 

Maryland 

Virginia 

North Carolina . 
South Carolina . 

Georgia 

Kentucky 

Tennessee 

Ohio. 

Louisiana 

Mississippi 

Indiana 

Illinois 

Alabama 

Missouri 



Whole No. of Electors. 
Majority 



PRESIDENT. 



131 



O 0) 
CO m 

fe <u 

^-| . 



20 

28 

5 

24 

15 

11 

9 

14 

11 

16 

5 

3 

5 

3 

5 

3 



178' 



VICE PRESIDENT. 



c8 vi 



15 
4 
8 
7 

16 



83 



!3 TO 

o.S 

O "^ 
Q . 

O O 



2a 

28 

5 

24 

15 

11 

2 

14 

11 

16 

5 

3 

5 

3 

5 

3 



171 



2 S 



15 
4 

8 

7 

16 



83 






w 



Ei 



r;3 o 



Andrew Jackson, elected President, took the oath of office, and en- 
tered upon its duties the 4th of March, 1829. 

John C. Calhoun, elected Vice President, took the oath of office, and 
attended in Senate the 4th of March, 1829. 



327 

Election for the Twelfth term, commencing ith Mai'ch, 1833, and termp- 
nating 3d March, 1837. 



i 






PRESIDENT. 




VICE PKESIDENT. 


"k? 


















STATES. 


C O 


^-1 
O 

CD 


o 

o a 

o 
>-> 




?* o 




§.2 

11 




<1^ 


10 


Maine 


10 








10 










7 


N.Hampshire. . 


7 








7 










14 


Massachusetts . 




14 






. . 


14 








4 


Rhode Island . . 


' , , 


4 






. . 


4 








8 


Connecticut. . . . 


. . 


8 






. . 


8 








7 


Vermont 


. . 


. . 




7 


. . 


• • 






7 


42 


New York .... 


42 


,. 






42 


• • 








8 


New Jersey . . . 


8 


.. 






8 


• • 








30 


Pennsylvania • . 


30 


.. 








. . 


30 






3 


Delaware 


. . 


3 






• • 


3 








10 


Maryland 


3 


5 






3 


5 








23 


Virginia 


23 


• . 






23 










15 


North Carolina 


15 








15 










11 


South Carolina. 


. . 




11 




. . 






11 




11 


Georgia 


11 








11 










15 


Kentucky 




15 








15 








15 


Tennessee 


15 








15 










21 


Ohio 


21 








21 










5 


Louisiana 


5 








5 










4 


Mississippi 


4 








4 










9 


Indiana 


9 








9 










5 


Illinois 


5 








5 










7 


Alabama 


7 








7 










4 


Missouri 


4 








4 










288 


No. of electors. 
Majority . . 145 


219 


49 


11 


7 


189 


49 


30 


11 


7 



Andrew Jackson, elected President, took the oath of office, and con- 
tinued the duties 4th March, 1833. 

Martin Van Buren, elected Vice President, took the oath of office 
and entered upon its duties 4th March, 1833. 



328 

suction for the Thirteenth term, commencing 4:th March, 1837, and termU 

nating Sd March, 1841. 



1 




PRESIDENT. 


VICE PRESIDENT. 


&- 


^ 


, 


^ 


^ 


^ 




„ 


^-1 


^ 


> 

Ore 


STATES. 


^ o 


S.2 




.go 


So 


Is 




O- 



rC 

la 

1° 


10 


]Main6 ..««••«»• 


10 








10 








AW 

7 


N.Hampshire. . 


7 


. . 








7 








14 


Massachusetts . 




. . 




14 




. . 


ii 






4 


Rhode Island . . 


4 










4 








8 


Connecticut. . . . 


8 


. . 








8 








7 


Vermont 




7 








. . 


'7 






42 


New York .... 


42 


. . 








42 








8 


New Jersey . . . 




8 








.. 


*8 






30 


Pennsylvania . . 


30 


• • 








30 








3 


Delaware 


. . 


3 








. . 


3 






10 


Maryland 




10 








• • 




io 




23 


Virginia 


23 
















23 


15 


North Carolina 


15 


. . 








15 








11 


South Carolina. 


. . 


. . 






ii 






11 




11 


Georgia 


. . 




ii 










11 




15 


Kentucky 




15 








.. 


is 






15 


Tennessee 






15 










15 




21 


Ohio. 




21 










2i 






5 


Louisiana. ..... 


5 










5 








4 


Mississippi 


4 










4 








9 


Indiana 




9 










*9 






5 


Illinois 


5 










5 








7 


Alabama 


7 










7 








4 


Missouri 


4 


. . 








4 








3 


Arkansas 


3 










3 








3 


Michigan 


3 


•• 








3 








294 


No. of electors. 


170 


73 


26 


14 


11 


147* 


77 


47 


23 




Majority . . 148 





















Martin Van Buren, elected President, took the oath of office, and 
entered upon its duties 4th March, 1837. 

Richard M. Johnson, elected Vice President, took the oath of office, 
and attended in Senate 4th March, 1837. * Elected by the Senate. 



329 

Election for the Fourteenth term, co^mmencing 4:lh March, 1841, and termi- 
nating 2d March, 1845. 



03 

O 

u 
<a 

"a 
o 

6 



10 

7 

14 

4 

8 

7 

42 

8 

30 

3 

10 

23 

15 

11 

11 

15 

15 

21 

5 

4 

9 

5 

7 

4 

3 

3 



STATES. 



Maine 

New Hampshire. 
Massachusetts . . . 
Rhode Island . . • • 

Connecticut 

Vermont 

New York 

New Jersey 

Pennsylvania . . . . 

Delaware 

Maryland 

Virginia 

North Carolina . . 
South Carolina . . 

Georgia 

Kentucky 

Tennessee 

Ohio. 

Louisiana 

Mississippi 

Indiana 

Illinois 

Alabama 

Missouri 

Arkansas 

Michigan 



294 Whole No. of electors 

I Majority 148 



PRESIDENT. 



!3.2 

o 

W o 

S o 



10 

14 
4 
8 
7 

42 
8 

30 
3 

10 

15 

11 

15 

15 

21 

5 

4 

9 



234 



^ o 

PQ>H 



23 



60 



VICE PRESIDENT. 



o 



10 

14 
4 
8 
7 

42 
8 

30 
3 

10 

15 

li 

15 

15 

21 

5 

4 

9 



234 



P4° 



22 



48 






11 






11 



William H. Harrison, elected President, took the oath of office, antf 
entered upon its duties on 4th March, 1841. 

John Tyler, elected Vice President, took the oath of office, and enter- 
ed upon its duties on 4th March, 1841. 
Y 



330 



Tuesday, April 6, 1841. 

Immediate.;' after the decease of the President, Mr. Webster, jr., 
Chief Clerk in tne Department of State, accompanied by Mr. Beall, an 
officer of the Senate, set out for the residence of the Vice President, in 
Virginia, bearing to him the following letter : 

WASHmeTON, April 4, 1841. 
To John Tyler, 

Vice President of the United States. 

Sir : It has become our most painful duty to inform you that William 
Henry Harrison, late President of the United States, has departed this 
life. 

This distressing event took place this day, at the President's Mansion 
in this city, at thirty minutes before one in the morning. 

We lose no time in despatching the Chief Clerk in the State Depart- 
ment, as a special messenger, to bear you these melancholy tidings. 

We have the honor to be, with the highest regard, your obedient 
servants, 

DANIEL WEBSTER, 
Secretary of State. 

THOMAS EWING, 

Secretary of the Treasury, 

JOHN BELL, 

Secretary of War. 

' JOHN J. CRITTENDEN, 

Attorney General. 

FRANCIS GRANGER, 

Postmaster General, 



331 



City of Washington, D. C. 

Wednesday April 7, 1841. 

By the extraordinary despatch used in sending the official intelligence 
to the Vice President, at Williamsburg, and similar despatch by him in 
repairing to the seat of Government, John Tyler, now President of the 
United States, arrived in this city yesterday morning, at 5 o'clock, and 
took lodgings at Brown's Hotel. 

At 12 o'clock, all the Heads of Departments, except the Secretary of 
the Navy, (who has not yet returned to the city from his visit to his 
family,) waited upon him, to pay him their official and personal respects - 
They were received with all the politeness and kindness which charac 
terize the new President. He signified his deep feeling of the public 
calamity sustained by the death of President Harrison, and expressed 
his profound sensibility to the heavy responsibilities so suddenly de- 
volved upon himself. He spoke of the present state of things with 
great concern and seriousness, and made known his wishes that the 
several Heads of Departments would continue to ffil the places which 
they now respectively occupy, and his confidence that they would afford 
all the aid in their power to enable him to carry on the administration 
of the Government successfully. 

The President then took and subscribed the following oath of office : 

I do solemnly swear, that I will faithfully execute the office of Presi- 
dent of the United States, and will, to the best of my ability, preserve, 
protect, and defend the Constitution of the United States. 

JOHN TYLER. 

April 6, 1841. 

District of Columbia, 

City and County of Wasliington, ss. 

I, William Cranch, Chief Judge of the Circuit Court of the District 
of Columbia, certify, that the above-named John Tyler personally ap- 
peared before me this day, and, although he deems, himself qualified to 
perform the duties, and exercise the powers and office of President on 
the death of William Henry Harrison, late President of the United 
States, without any other oath than that which he has taken as Vice 
President, yet, as doubts may arise, and for greater caution, took and 
subscribed the foregoing oath before me. 

W. CRANCH 

April 6, 1841. 



332 

Election for the Fifteenth term, commencing 4th March, 1845, and termi' 
nating Bd March, 1849. 



o 



o 



9 
6 

12 

4 

6 

6 

36 

7 

26 

3 

8 

17 

11 

9 

10 

12 

13 

23 

6 

6 

12 
9 
9 
7 
3 
5 



STATES. 



Maine 

New Hampshire 

Massachusetts ■ 

Rhode Island and P. Plantations . . 

Connecticut 

Vermont 

New York 

New Jersey 

Pennsylvania 

Delaware 

Maryland 

Virginia - 

North Carolina 

South Carolina 

Georgia • 

Kentucky • . • . 

Tennessee 

Ohio. 

Louisiana 

Mississippi 

Indiana 

Illinois 

Alabama 

Missouri 

Arkansas ■ 

Michigan 

Whole No. of electors 

Majority 138 



PRESIDENT. 



J4 



Ph 



W 






36 

26 

17 

9 
10 



6 
6 

12 
9 
9 
7 
3 
5 






12 
4 
6 
6 



11 



12 
13 
23 



V. PRESIDENT. 



^ 


c3 


CS 


?rt 


« 


> 


g 


CO 

a 


0) 


n 


hi 


01 


O 


Ph 



C5 o 



36 

26 

17 

9 
10 



6 
6 

12 
9 
9 
7 
3 
5 



1=1 
S ^ 



12 
4 
6 
6 



11 



12 
13 
23 



275 



170 



105 



170 



105 



James K. Polk, elected President, took the oath of office, and entered 
upon its duties on 4th March, 1845. 

George Mifflin Dallas, elected Vice President, attended in Senate, and 
took the oath of office on 4th March, 1845. 



333 

Election for the Sixteenth Term, commencing Ath 3£arch, 1849, and termi' 
nating 3c? March, 1853. 



STATES. 



Maine 

New Hampshire 
Massachusetts .. 
Rhode Island.... 

Connecticut 

Vermont 

New York 

New Jersey 

Pennsylvania . ... 

Delaware 

Maryland 

Virginia 

North Carolina.. 
South Carolina,. 

Georgia 

Kentucky 

Tennessee 

Ohio 

Louisiana 

Mississippi 

Indiana 

Illinois 

Alabama 

Missouri 

Arkansas 

Michigan 

Florida 

Texas 

Iowa 

Wisconsin 



290 Whole number of electors 163 127 163 127 



PRESIDENT. 



O ce 

. 1-3 



12 

4 
6 
6 

36 
7 

26 
3 



11 

io 

12 
13 



OQ PI 



17 
9 

23 

6 
12 
9 
9 
7 
3 
5 

4 
4 
4 



V. PRESIDENT. 



<s^ 



^5 



12 
4 
6 
6 

36 
7 

26 
3 



11 

i'6 

12 
13 






17 
9 

23 

6 
12 
9 
9 
7 
3 
5 

"i 

4 
4 



Zachary Taylor, elected President, took the oath of office, and 
entered- upon its duties, 4th March, 1849. 

Millard Fillmore, elected Vice President, took the oath of office, 
and entered upon its duties, 4th March, 1849. 

32 



334 

Zachary Taylor, President of the United States, having deceased on 
Tuesday the 9th July, 1850; and Congress heing then in session: — 

In Senatk of the United States. 
Wednesday, July 10, 1850. 

The following communication, received by the Secretary of the Senate, 
was read : 

To the Senate of the United States: — 
In consequence of the lamented death of Zachary Taylor, late President 
of the United States, I shall no longer occupy the chair of the Senate ; and 
I have thought that a formal communication to the Senate, to that effect, 
through your Secretary, might enable you the more promptly to proceed to 
the choice of a presiding ofl&cer. Millaed Fillmore. 

Washington, July 10, 1850. 

The following message was received from the President of the United 
States, by Mr. Fisher : — 

Fellow-citizens of the Senate and House of Representatives : — ■ 

I have to perform the melancholy duty of announcing to you that it has 
pleased Almighty God to remove from this life Zachary Taylor, late Presi- 
dent of the United States. He deceased last evening, at the hour of half 
past ten o'clock, in the midst of his family and surrounded by affectionate 
friends, cahnly and in the full possession of all his faculties. Among his 
last words were these, which he uttered with emphatic distinctness: "I 
have always done my duty — I am ready to die — my only regret is for the 
friends I leave behind me." 

Having announced to you, fellow-citizens, this most afllicting bereave- 
ment, and assuring you that it has penetrated no heart with deeper grief 
than mine, it remains for me to say, that I propose this day, at 12 o'clock, 
in the Hall of the House of Representatives, in the presence of both Houses 
of Congress, to take the oath prescribed by the Constitution, to enable me 
to enter on the execution of the office which this event has devolved on me. 

Washington, July 10, 1850. Millard Fillmore. 

A similar message having been communicated to the House of Repre- 
sentatives and the necessary arrangements made between the two Houses : — 

At 12 o'clock meridian^- 

The President of the United States, the Heads of Departments, the 
Chief Judge of the Circuit Court of the District of Columbia, and the Senate 
of the United States, having entered the Hall of the House of Representatives — 

The oath of office was administered to the President by the Honourable 
William Craneh, Chief Judge of the Circuit Court of the United States for 
the District of Columbia. 



336 



Synoptical table of terms of office, and length of service, in the Senate, 

and of the Presidents pro 



1 
1 

Special 
2 



Special 
3 



Special 
4 



Special 
5 



Special 
5 



2 
3 

Ses. Sen. 
1 



Ses. Sen. 
1 



Ses. Sen. 
1 



Ses. Sen. 
1 



Ses. Sen. 
3 



4 Mar. 1789 



4 Jan. 1790 
6 Dec. 1790 

4 Mar. 1791 
24 Oct. 1791 

5 Nov. 1792 



4 Mar. 1793 

2 Dec. 1793 

3 Nov. 1794 



8 June 1795 
7 Dec. 1795 



5 Dec. 1796 



4 Mar. 1797 
15 May 1797 

13 Nov. 1797 



17 Jnly 1798 
3 Dec. 1798 



2 Dec. 1799 

17 Nov. 1800 



Soi 



29 Sept. 1789 



12 Aug. 1790 

3 Mar. 1791 

4 Mar. 1791 
8 May 1792 

2 Mar. 1793 



4 Mar. 1793 
9 June 1794 

3 Mar. 1795 



26 June 1795 
1 June 1796 



3 Mar. 1797 



4 Mar. 1797 
10 July 1797 

16 July 1798 



19 July 1798 
3 Mar. 1799 



14 May 1800 
3 Mar. 1801 



210 



221 

88 

1 

198 



118 



1 

190 



121 



19 

178 



246 



165 

107 



Names of Vice Presi- 
dents of the United 
States. 



John Adams 

John Adams 
John Adams 
John Adams 
John Adams 
John Adams 



John Adams 



John Adams 

John Adams 
John Adams 
John Adams 
John Adams 



Thomas Jefferson 
Thomas Jefferson 



Thomas Jefferson 



Thomas Jefferson 
Thomas Jefferson 
Thomas Jefferson 



337 

of the Vice Presidents of the United States and Presidents of the Senate, 
tern-pore of the Senate, viz: 



TERBXS OP OFPICE. 



Commenced. Expired, 



4 Mar. 17J 



4 Mar. 1793 



4 Mar. 1797 



3 Mar. 1793 



3 Mar. 1797 



3 Mar. 1801 



Names of Presidents 
pro tempore of the 
Senate. 



John Langdon . 
John Langdon . 



Richard Henry Lee 
John Langdon 

John Langdon 



John Langdon . 

Ralph Izard . 
Ralph Izard . 

Henry Tazewell . 

Henry Tazewell . 

Samuel Liyermore . 

William Bingham . 



William Bradford . 
Jacob Read 

Theodore Sedgwick 
Theodore Sedgwick 
John Lawrence . 

James Ross 
Samuel Livermore. 

Uriah Tracy . 
John Eager Howard 

James Hillhouse 



32* 



SERVICE IN SENATE U. S. 



Attended. 



6 April 
21 April 

7 Aug. 
20 Aug. 

4 Jan. 
6 Dec. 

4 Mar. 
24 Oct. 
18 April 

5 Nov. 

6 Dec. 
1 Mar. 



4 Mar. 

2 Dec. 
31 May 

3 Nov. 
10 Nov. 
20 Feb. 

8 June 
7 Dec. 

9 Dec. 
6 May 

5 Dec. 
16 Feb. 



4 Mar. 
15 May 

6 July 
22 Nov. 

13 Dec. 
27 June 
17 July 

6 Dec. 

27 Dec. 

1 Mar. 

2 Dec. 
80 Dec. 

14 May 
21 Nov. 

28 Nov. 
28 Feb. 



1789 
1789 
1789 
1789 
1790 
1790 
1791 
1791 
1792 
1792 
1792 
1793 



1793 
1793 
1794 
1794 
1794 
1795 
1795 
1795 
1795 
1796 
1796 
1797 



1797 
1797 
1797 
1797 
1797 
1798 
1798 
1798 
1798 
1799 
1799 
1799 
1800 
1800 
1800 
1801 



Retired. 



21 April 
6 Aug. 
19 Aug. 
29 Sept. 
12 Aug. 

3 Mar. 

4 Mar. 
17 April 

8 May 

4 Dec. 

28 Feb. 

3 Mar. 



4 Mar. 
30 May 

9 June 

9 Nov. 
19 Feb. 

3 Mar. 
26 June 

8 Dec. 

5 May 
1 June 

15 Feb. 
3 Mar. 



IV 89 
1789 
17S9 
17S9 
1790 
1791 
1791 
1792 
1792 
1792 
1793 
1793 



1793 
1794 
1794 
1794 
1795 
1795 
1795 
1795 
1796 
1796 
1797 
1797 



4 Mar. 1797 

5 July 1797 
10 July 1797 

12 Dec. 1797 
26 June 1798 

16 July 1798 

17 July 1798 

26 Dec. 1798 

28 Feb. 
3 Slar. 

29 Dec. 

13 May 

14 May 

27 Nov. 

28 Feb. 
3 Mar. 



1799 
1799 
1799 
1800 
1800 
1800 
1801 
1801 



338 



SYNOPTICAL 



ID 

m 

a 
o 
O 


Session. 


il 

o a! 
C CO 

1 = 

o 


O C 

■Z o 
1° 


5 ^ 


Names of Vice Presi- 
dents of the United 
States. 


Special 


Ses. Sen. 


4 Mar. 1801 


5 Mar. 1801 


2 


Aaron Burr . 


7 


1 


7 Dec. 1801 


3 May 1802 


148 


Aaron Burr . 


7 


2 


6 Dec. 1802 

• • 


3 Mar. 1803 


88 


Aaron Burr 
Aaron Burr 


8 


1 


17 Oct. 1803 


27 Mar. 1804 


163 


Aaron Burr . 


8 


2 


5 Nov. 1804 


3 Mar. 1805 


119 


Aaron Burr . 
Aaron Burr . 






• • 


• 


, 


Aaron Burr . 


9 


1 


2 Dec. 1805 


21 April 1806 


141 


George Clinton 


9 


2 


IDec. 1806 


3 Mar. 1807 


93 


George Clinton f. 


10 


1 


26 Oct. 1807 


25 April 1808 


183 


George Clinton 


10 


2 


7 Nov. 1808 


3 Mar. 1809 


117 


George Clinton 






• 


, , 


• 


George Clinton 


Special 


Scs. Sen. 


4 Mar. 1809 


7 Mar. 1809 


4 




11 


1 


25 May 1809 


28 June 1809 


38 


George Clinton . 


11 


2 


27 Nov. 1809 


1 May 1810 


156 


George Clinton 






• 


• 


• 


George Clinton 


It 


3 


3 Dec. 1810 


3 Mar. 1811 


91 





TABLE— "Continued. 



339 





TERMS OF OFFICE. 


Names of Presidents 
pro tempore of the 
Senate. 


SERVICE IN SENATE U. SL 












c 


ommenced. 


Expired. 




Attended. 


Retired. 


1 i 


IMar. 1801 


3 Mar. 1805 




4 Mar. 1801 


5 Mar. 1801 


2 






Abraham Baldwin . 


7 Dec. 1801 


14 Jan. 1802 


3 













15 Jan. 1802 


16 April 1802 


4 










Abraham Baldwin . 


17 April 1S02 


3 May 1802 


5 










Stephen R. Bradley . 


14 Dec. 1802 


18 Jan. 18o.> 


6 












19 Jan. 1803 


24 Feb. 1803 


7 










Stephen R. Bradley . 


25 Feb. 1803 


25 Feb. 1S03 


8 













26 Feb. 1803 


1 Mar. 1803 


9 










Stephen R. Bradley . 


2 Mar. 1803 


3 Mar. 1803 


10 










John Brown . 


17 Oct. 1803 


6 Dec. 1803 


11 












7 Dec. 1803 


22 Jan. 1804 


12 










John Brown . 


23 Jan. 1804 


9 Mar. 1S04 


13 










Jesse Franklin 


10 Mar. 1804 


27 Mar. 1804 


11 












5 Nov. 1804 


14 Jan. 1805 


15 










Joseph Anderson . 


15 Jan. 1805 




16 












, 


27 Feb. 1805 


17 










Joseph Anderson . 


28 Feb. 1805 


2 Mar. 1805 


18 












2 Mar. 1805 


u 


19 










Joseph Anderson . 


2 Mar. 1805 


3 Mar. 1805 


20 






Samuel Smith . 


2 Dec. 1805 


15 Dec. 1805 


21 


4 Mar. 1805 


3 Mar. 1809 




16 Dec. 1805 


17 Mar. 1806 


22 


, 




Samuel Smith . 


18 Mar. 1806 


21 April 1806 


23 












1 Dec. 1806 


2 Mar. 1807 


24 










Samuel Smith . 


2 Mar. 1807 


3 " 


25 












26 Oct. 1807 


16 April 1808 


26 










Samuel Smith . 


16 April 1808 


25 " 


27 












7 Nov. 1808 


27 Dec. 1808 


2S 










Stephen R. Bradley . 


28 Dec. 1808 




29 












, 


30 Jan. 1809 


30 










John Milledge . 


30 Jan. 1809 


3 Mar. 1809 


31 






John Milledge . 


4 Mar. 1809 


7 « 


32 


4 Mar. 1809 


3 Mar. 1813 




22 May 1809 


^5 June 1809 


33 


• 


, . 


Andrew Gregg 


26 June 1809 


28 " 


3- 










Andrew Gregg . 


27 Nov. 1809 


18 Dec. 1809 


35 












19 Dec. 1809 


27 Feb. 1810 


3( 










John Gaillard 


28 Feb. 1810 




37 












. 


16 April 1810 


3f 


'.^ 








John Gaillard 


17 April 1810 


IMay 1810 


Z'i 


• 








John Gaillard . 


3 Dec. 1810 


11 Dec. 1810 



340 



SYNOPTICAL 



1 


Session. 




a 
S.2 

1 ° 

o 


Termination 
of Session. 


CO ^ 

c^ to 

2.S 


Names of Vice Presi- 
dents of the United 
States. 








. 


. 


. 


George Clinton . 


1 

2 
3 
4 
5 


12 


1 


4 Nov. 1811 


6 July 1812 


245 


George Clinton . 


12 


2 


2 Nov. 1812 


3 Mar. 1813 


122 




13 


1 


24 May 1813 


2 Aug. 1813 


71 


Elbridge Gerry 


6 


13 


2 


6 Dec. 1813 


18 April 1814 


134 


Elbridge Gerry 


7 

8 

9 

10 


13 


3 


19 Sept. 1814 


3 Mar. 1815 


166 








, , 








11 


14 


1 


4 Dec. 1815 


30 April 1816 


149 




12 


14 


2 


2 Dec. 1816 


3 Mar. 1817 


92 


. 


13 


Special 


Ses. Sen. 


4 Mar. 1817 


6 Mar. 1817 


3 




14 


15 


1 


IDec. 1817 


20 April 1818 


141 


Daniel D. Tompkins 


15 

10 
17 


15 


2 


16 Nov. 1818 


3 Mar. 1819 


108 


Daniel D. Tompkins 


18 
19 
20 
21 


16 


1 


6 Dec. 1819 


15 May 1820 


162 








• 


• 


• 


Daniel D. Tompkins 


22 
23 


16 


2 


13 Nov. 1820 


3 Mar. 1821 


111 




24 


17 


1 


3 Dec. 1821 


8 May 1822 


157 


Daniel D. Tompkins 


25 
20 
27 


17 


2 


2 Dec. 1822 


3 Mar. 1823 


92 


Daniel D. Tompkins 


28 
29 
30 


18 


1 


IDec. 1823 


27 May 1824 


179 


Daniel D. Tompkins . 


31 
32 
33 
34 


18 


2 


6 Dec. 1824 


3 Mar. 1825 


88 




Special 


Ses, Sen. 


4 Mar. 1825 


9 " 


5 


John C. Calhoun . 


35 



TABLE— Continued. 



341 





TERMS OF OFFICE. 


Names of Presidents 
pro tempore of tlie 
Senate. 


SERVICE IN SENATE U. S. 














Commenced. 


Expired. 




Attended. 


Retired. 


1 








12 Dec. 1810 


22 Feb. 1811 


2 


. 


. 


John Pope 


23 Feb. 1811 


3 Mar. 1811 


3 


Died April, 


1812. 




4 Nov. 1811 


23 Mar. 1812 


4 


, , 


. 


William H. Crawford 


24 Mar. 1812 


6 July 1812 


5 


• 


• 


William H. Crawford 


2 Nov. 1812 


3 Mar. 1813 


6 


4 Mar. 1813 


3 Mar. 1817 




24 May 1813 


2 Aug. 1813 


7 


, 


. 


Joseph B. Varnum . 


6 Dec. 1813 


3 Feb. 1814 


8 


Died Nov. 


1814. 




4 Feb. 1814 


17 April 1814 


9 


, . 


, . 


John Gaillard 


18 April 1814 


18 " 


LO 


. . 


. . 


John Gaillard . 


19 Sept. 1814 


24 Nov. 1814 


11 


. . 


• • 


John Gaillard 


*24 Nov. 1814 


2 Mar. 1815 


12 


, , 


. , 


John Gaillard . .= 


4 Dec. 1815 


30 April 1815 


13 


• 


• 


John Gaillard 


2 Dec 1816 


3 Mar. 1817 


14 




• • 


John Gaillard . 


4 Mar. 1817 


6 «' 


15 


. 


. 


John Gaillard 


1 Dec. 1817 


18 Feb. 1818 


16 


4 Mar. 1817 


3 Mar. 1821 




19 Feb. 1818 


30 Mar. 1818 


17 


, , 


, , 


John Gaillard 


31 Mar. 1818 


28 April 1818 


18 


. . 


, . 


John Gaillard . 


16 Nov. 1818 


5 Jan. 1819 


19 


, , 


, , 


. • . 


6 Jan. 1819 


14 Feb. 1819 


20 


, . 


, , 


James Barbour 


15 Feb. 1819 


3 Mar. 1819 


21 


, , 


• • 


James Barbour . 


6 Dec. 1819 


26 Dec. 1819 


22 


, 


, , 




27 Dec. 1819 


24 Jan. 1820 


23 


', , 


, 


John Gaillard 


25 Jan. 1820 


15 May 1820 


24 


• 


.• 


John Gaillard . 


13 Nov. 1820 


3 Mar. 1821 


25 






John Gaillard 


3 Dec. 1821 


27 Dec. 1821 


26 


4 Mar. 1821 


3 Mar. 1825 




28 " 


31 Jan. 1822 


27 




, , 


John Gaillard 


1 Feb. 1822 


8 May 1822 


28 
29 




• 


John Gaillard . 


2 Dec. 1822 

3 " 


2 Dec. 1822 
18 Feb. 1823 


30 




^ , 


John Gaillard . 


19 Feb. 1823 


3 Mar. 1823 


31 
32 




• 


John Gaillard 


1 Dec. 1823 
21 Jan. 1824 


20 Jan. 1824 
20 May 1824 


33 




, 


John Gaillard 


21 May 1824 


27 " 


34 




• 


John Gaillard . 


6 Dec. 1824 


3 Mar. 1825 


35 


4 Mar. 1825 


3 Mar. 1829 




4 Mar. 1825 


9 « 


36 


' 


. 


John Gaillard . 


9 " 


9 " 



* Re-election considered necessary on death of Vice President. 



342 



SYNOPTICAL 



m 

m 

a> 
ki 

60 

a 
o 
o 


c 
.2 

m 

m 


O 


e . 

o S 
£ 02 


to _; 

TS CO 
t^ CO 


Names of Vice Presi- 
dents of the United 
States. 


19 


1 


5 Dec. 1825 


22 May 1826 


169 


John C. Calhoun . 


19 


2 


4 Dec. 1826 


3 Mar. 1827 


90 


John C. Calhoun . 






'. 


. 


• 


John C. Calhoun . 


20 


1 


3 Dec. 1827 


26 May 1828 


176 


Jolin C. Calhoun . 


20 


2 


IDec. 1828 


3 Mar. 1829 


93 








• 


• 


• 


John C. Calhoun . 


Special 


Ses. Sen. 


4 Mar. 1829 


17 " 


14 


John C. Calhoun . 


21 


1 


7 Dec. 1829 


31 May 1830 


176 


John C. Calhoun . 


21 


2 


6 Dec. 1830 


3 Mar. 1831 


88 


John C. Calhoun . 


22 


1 


5 Dec. 1831 


16 July 1832 


225 


John C. Calhoun . 


22 


2 


3 Dec. 1832 


2 Mar. 1833 


90 




23 


1 


2 Dec. 1833 


30 June 1834 


211 


Martin Van Buren . 


23 


2 


1 Dec. 1834 


3 Mar. 1835 


93 


Martin Van Buren . 


24 


1 


7 Dec. 1835 


4 July 1836 


211 


Martin Van Buren . 


24 


2 


5 Dec. 1836 


3 Mar. 1837 


89 


Martin Van Buren . 


Special 


Ses. Sen. 


4 Mar. 1837 


10 « 


7 


Richard M. Johnson . 
Richard M. Johnson 


25 


1 


4 Sept. 1837 


16 Oct. 1837 


44 


Richard M. Johnson 


25 


2 


4 Dec. 1837 


9 July 1838 


218 


Richard M. Johnson . 


25 


3 


3 Dec. 1838 


3 Mar. 1839 


91 





TABLE— Continued. 



343 



TERMS OF OFFICE. 


Names of Presidents 
pro tempore of tlie 
Senate. 


SERVICE IN SENATE V 


.3. 












Commenced. 


Expired. 




Attended. 


Retired. 








5 Dec. 1825 


20 May 


1826 










Nathaniel Macon . 


20 May 1826 
4 Dec. 1826 


20 " 
29 Dec. 


1826 










Nathaniel Macon . 


2 Jan. 1827 
14 Feb. 1827 


13 Feb, 
2 Mar. 


1827 
1827 










Nathaniel Macon . 


2 Mar. 1827 

3 Dec. 1827 


3 « 

14 Mav 


1828 










Samuel Smith 


15 May 1828 


26 '"' 












Samuel Smith 


1 Dec. 1828 
22 " 


21 Dec. 
3 Mar. 


1828 
1829 


4 Mar. 1829 


3 Mar. 1833 




4 Mar. 1829 


12 " 






, , 


Samuel Smith 


13 " 


17 " 




. , 


. 


Samuel Smith . 


7 Dec. 1829 


13 Dec. 


1825 


. 


. 




14 " 


29 May 


1830 


. . 


. 


Samuel Smith . 


29 May 1830 


31 " 




, , 


. 


Samuel Smith 


6 Dec. 1830 


2 Jan. 


1831 


, , 


, , 




3 Jan. 1831 


IMar. 


1831 


, , 


, . 


Samuel Smith 


1 Mar. 1831 


3 " 




. 


. 


Samuel Smith 


5 Dec. 1831 


11 Dec. 


1831 


Resigned 28 


Dec. 1832. 




12 " 


8 July 


1832 


, 


. 


Littleton W. Tazewell 


9 July 1832 


16 " 




• 


• 


Hugh Lawson White . 


3 Dec. 1832 


2 Mar. 


1833 






Hugh Lawson White . 


2 Dec. 1833 


15 Dec. 


1833 


4 Mar. 1833 


3 Mar. 1837 




16 " 


27 June 


1834 


, 


. 


George Poindexter 


28 June 1834 


30 " 














1 Dec. 1834 


3 Mar. 


1835 










John Tyler . 


3 Mar, 1835 


3 " 














7 Dec. 1835 


30 June 


1836 










William R. King 


1 July 1836 
5 Dec. 1836 


4 July 
28 Jan. 


1836 
1837 










William R. King 


28 Jan. 1837 


3 Mar. 


IS?" 


4 Mar. 1837 


3 Mar. 1841 




4 Mar. 1837 


6 « 




, , 


, 


William R. King 


7 " 


10 " 














4 Sept. 1837 


12 Sept 


1837 










William R. King 


13 " 
4 Dec. 1837 


16 Oct. 
1 July 


183^ 
1838 










William R. King 


2 July 1838 


9 « 












William R. King . 


3 Dec. 1838 


18 Dec. 


1838 



344 



SYNOPTICAL 



i 


•1 
a> 


PI 
9 g 


"S.2 


^S 

« 2 

fee 

at 
a .a 


Names of Vice Presi- 
dents of the United 
States. 






. 


. 


. 


Richard M. Johnson . 


26 


1 


2*Dec. 18*39 


21 July 1840 


233 


Eichard M. Johnson 


26 


2 


7*Dec. 1840 


3 Mar. 1841 


87 


Richard M. Johnson . 


Special 


Ses. Sen. 


4 Mar. 1841 


15 « 


12 


John Tyler . 


27 
27 


1 

2 


31 May 1841 
6 Dec. 1841 


13 Sept. 1841 
31 Aug. 1842 


106 
269 


. . . 


27 

28 

28 

Special 


3 
1 

2 
Ses. Sen. 


5 Dec. 1842 
4 Dec. 1843 
2 Dec. 1844 
4 Mar. 1845 


3 Mar. 1843 
17 June 1844 

3 Mar. 1845 
20 " 


89 

197 

92 

17 


. . . . 


29 


1 


IDec. 1845 


10 Aug. 1846 


253 


George M. Dallas 
George M. Dallas . 


29 


2 


7 Dec. 1846 


3 Mar. 1847 


87 


George M. Dallas . 
George M. Dallas . 


30 


1 


6 Dec. 1847 


14 Aug. 1848 


253 


George M. Dallas . 
George M. Dallas . 
George M. Dallas , 
George M. Dallas . 


30 


2 


4 Dec. 1848 


3 Mar. 1849 


90 


George M. Dallas 
George M. Dallas 


Special 


Ses. Sen. 


5 Mar. 1849 


23 Mar. 1849 


19 




31 


1 


3 Dec. 1849 


30 Sept. 1850 


302 


Millard Fillmore . 
*Millard Fillmore . 


31 
32 

32 


2 
1 
2 


2 Dec. 18*50 
1 Dec. 1851 
6 Dec. 1852 


3 Mar. 18*51 

31 Aug. 1852 

3 Mar. 1853 


92 

275 
88 






*The President having died on 9tli July, Millard Fillmore succeeded to the Presidency. 



TABLE— Continued. 



345 





TEEMS OF OFFICE. 


Names of Presidents 
pro tempore of the 


SERVICE IN SENATE U. S. 




Commenced. 


Expired. 


lOVi^diXA^t 


Attended. 


Retired. 


1 








19 Dec. 1838 


24 Feb. 1839 


•2 


, ^ 




, 


William R. King . 


25 Feb. 1839 


3 Mar. 1839 


3 


^ , 




^ 


William R. King 


2 Dec. 1839 


26 Dec. 1839 


•4 


, , 




^ 




27 


2 July 1840 


5 


, . 




, 


William R. King 


3 July 1840 


21 " 


6 


, 




^ 


William R. King . 


7 Dec. 1840 


15 Dec. 1840 


7 


^ ^ 




. 




16 « 


2 Mar. 1841 


8 


• 




• 


WilUam R.King . 


2 Mar. 1841 


3 " 


9 


. 






William R, King 


4 « 


4 « 


lu 


4 Mar. 1841 


*3 


Mar. 1845 


• • . • 


4 « 


11 " 


11 


^ , 




, 


Samuel L. Southard. 


11 " 


15 « 


12 


, . 




, 


Samuel L. Southard 


31 May 1841 


13 Sept. 1841 


l:j 
14 


• 




* 


Samuel L. Southard . 
Willie P. Mangum. 


6 Dec. 1841 
31 May 1842 


30 May 1842 

31 Aug. 1842 


15 


, , 




, 


Willie P. Mangum . 


5 Dec. 1842 


3 Mar. 1843 


10 


^ , 




, 


Willie P. Mangum. 


4 Dec. 1843 


17 June 1844 


17 


, 




^ 


Willie P. Mangum 


2 Dec. 1844 


3 Mar. 1845 


IS 


• , 




• 


Willie P. Mangum. 


4 Mar. 1845 


4 " 


19 
20 


4 Mar. 1845 


3 Mar. 1849 




4 " 

1 Dec. 1845 


20 " 
8 Aug, 1846 


21 














David R. Atchison . 


8 Aug. 1846 


10 Aug. 1846 


22 














• • • • 


7 Dec. 1846 


11 Jan. 1847 


23 
24 














David R. Atchison . 


11 Jan. 1847 
14 Jan. 1847 


14 Jan. 1847 
3 Mar. 1847 


25 














David R. Atchison . 


3 Mar. 1847 


3 Mar. 1847 


26 














. 


6 Dec. 1847 


IFeb. 1848 


27 
28 
29 
30 
31 














David R. Atchison . 
David R. Atchison . 
David R. Atchison . 


2 Feb. 1848 

9 Feb. 1848 

1 June 1848 

15 June 1848 

26 June 1848 


8 Feb. 1848 
31 May 1848 
14 June 1848 
26 June 1848 
29 June 1848 


32 








' 






. 


30 June 1848 


28 July 1848 


33 














David R. Atchison . 


29 July 1848 


14 Aug. 1848 


34 
35 
36 














David R. Atchison . 
David R. Atchison . 


4 Dec. 1848 

5 Dec. 1848 
26 Dec. 1848 


4 Dec. 1848 

25 Dec. 1848 

1 J;tn. 1849 


37 

38 














David R. Atchison . 


2 Jan. 1849 
2 Mar. 1849 


2 Mar. 1849 

3 Mar. 1849 


39 














David R. Atchison . 


5 Mar. 1849 


23 Mar. 1849 


40 


4 Mar. 1849 


3 Mar. 1853 




3 Dec. 1849 


5 May 18.50 


41 


, 


^ ^ 


William R. King . 


6 May 1850 


19 May 1850 


42 
















20 May 1850 


9 July 1850 


4:-! 














t *.'.*.* 


10 July 1850 


10 July 1850 


44 














William R. King 


11 July 1850 


30 Sept. 1850 


45 














William R. King . 


2 Dec. 1850 


3 Mar. 1851 


4G 














William R. King. 


IDec. 1851 


31 Aug. 1852 


47 














WilUam R. King. 


1 Dec. 1852 


20 Dec. 1852 








David R. Atchison. 


20 Dec. 1852 


3 Mar. 1853 



* The President having died on 1st April, John Tyler succeeded to the Presidency. 
+ The Secretary called the Senate to order, and by consent put ail questions. 

33 



346 



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CHAPTER 8. 



THIS CHAPTER IS DEDICATED TO 

THE EMINENT JURISTS 

WHO HAVE OCCUPIED AND CONTINUE TO OCCUPY THE 
BENCH OF THAT AUGUST TRIBUNAL, 

THE SUPRExlE COURT OF THE UNITED STATES. 

From the. Mh March, 1789, to the 3d March, 1851. 



CHIEF JUSTICES 

OF THE SUPREME COURT OF THE UNITED STATES. 

JOHN JAY, of New York, appointed by the President with the ad- 
vice and consent of the Senate, 26th September, 1789. Nomi- 
nated 16th, and confirmed 19th April, 1794, Envoy Extraordinary to 
England. Resigned as Chief Justice. Successor appointed 1st 
July, 1795. 

JOHN RUTLEDGE, of South Carolina, appointed 1st July, 1795, in 
recess of Senate, in place of John Jay resigned, and presided on 
the Bench at August term, 1795. Nominated 10th, and rejected 
by the Senate 15th December, 1795. 

WILLIAM CUSHING, of Massachusetts. Nomination confirmed and 
appointed, &c., 27th January, 1796, in place of John Jay, re- 
signed. Declined the appointment. He was then an Associate 
Justice. 

OLIVER ELLSWORTH, of Connecticut. Nomination confirmed 
and appointed, &c., 4th March, 1796, in place of W. Gushing, de- 
clined. Appointed Envoy E^+raordinary and Minister Plenipo- 
tentiary to France, 27th February, 1799. He presided on the 
Bench at the August term, 1799. Proceeded on his mission to 

389 



390 

France, 3d November, 1799, Resigned as Chief Justice. Suc- 
cessor appointed 19th December, 1800. 

JOHN JAY, Governor of New York. Nomination confirmed and ap- 
pointed, &c., 19th December, 1800, in place of Oliver Ellsworth, 
resigned. Declined the appointment. 

JOHN MARSHALL, Secretary of State.* Nomination confirmed 27th, 
and appointed, &c., 31st January, 1801, in place of John Jay, de- 
clined. Died in 1835. 

ROGER B. TANEY, of Maryland. Nomination confirmed and ap- 
pointed, &c., 15th March, 1836, in the place of John Marshall, 
deceased. 



ASSOCIATE JUSTICES 

OF THE SUPREME COURT OF THE UNITED STATES. 

JOHN RUTLEDGE, of South Carolina. Nomination confirmed and 
appointed 26th September, 1789. Resigned, and Thomas John- 
son appointed. 

WILLIAM GUSHING, of Massachusetts. Nomination confirmed 
26th, and appointed 27th September, 1789. Died, and Levi Lin- 
coln appointed. 

JAMES WILSON, of Pennsylvania. Nomination confirmed 26th, and 
appointed 29th September, 1789. Died, and Bushrod Washing- 
ton appointed. 

JOHN BLAIR, of Virginia. Nomination confirmed 26th, and ap- 
pointed 30th September, 1789. Resigned, and Samuel Chase ap- 
pointed. 

ROBERT H. HARRISON, of Maryland. Nomination confirmed 26th 
September, 1789. Resigned, and James Iredell appointed. 

JAMES IREDELL, of North Carolina. Appointed in recess of Senate, 

* John Marshall, Secretary of State, was nominated to the Senate as Chief Jus- 
tice the 20th January, 1801, was confirmed on the 27th, commissioned 31st January, 
and presided on the Bench of the Supreme Court from the 4th to the 9th February, 
or during February term, ISOl. From a message of the President to Congress, 
accompanied by a report from John Marshall, Secretary of State, dated 27th 
February, 1 SOI, it appears that he also continued to act in the latter capacity until 
that day, and from other circumstances that he continued to act as such unil the 
3d March, ISOl, on which day the then administration terminated. 



891 

in place of Robert H. Harrison, resigned. Nomination confirmed 
and appointed 10th February, 1790. Died, and Alfred Moore ap- 
pointed. 

THOMAS JOHNSON, of Maryland. Appointed 5th August, 1791, in 
recess of Senate, in place of John Rutledge, resigned. Nomina- 
tion confirmed and appointed 7th November', 1791. Resigned, and 
William Paterson appointed. 

WILLIAM PATERSON, Governor of New Jersey. Nomination 
confirmed and appointed 4th March, 1793, in place of Thomas 
Johnson, resigned. Died, and Brockholst Livingston appointed. 

SAMUEL CHASE, of Maryland. Nomination confirmed and appointed 
27th January, 1796, in place of John Blair, resigned. Died, and 
Gabriel Duval appointed. 

BUSHROD WASHINGTON, of Virginia. Appointed 29th Septem- 
ber, 1798, in recess of Senate, in place of James Wilson, deceased. 
Nomination confirmed and appointed 20th December, 1798. Died, 
and Henry Baldwin appointed. 

ALFRED MOORE, of North Carolina. Nomination confirmed and 
appointed 10th December, 1799, in place of James Iredell, de- 
ceased. Resigned, and William Johnson appointed. 

WILLIAM JOHNSON, of South Carolina. Nomination confirmed 
and appointed 26th March, 1804, in place of Alfred Moore, re- 
signed. (Confirmed and appointed Collector of the Customs 22d 
Feb. 1819, and declined the appointment.) Died in 1834, and 
James M. Wayne appointed. 

THOMAS TODD, of Kentucky. Nomination confirmed 2d, and ap- 
pointed 3d March, 1807. 

BROCKHOLST LIVINGSTON, of New York. Appointed 10th No- 
vember, 1806, in recess of Senate, in place of William Paterson, 
deceased. Nomination confirmed and appointed 17th December, 
1806. Died, and Smith Thompson appointed. 

LEVI LINCOLN, of Massachusetts. Nomination confirmed and ap 
pointed 3d January, 1811, in place of William Gushing, deceased. 
Declined the appointment, and John Quincy Adams appointed. 

JOHN QUINCY ADAMS, of Massachusetts. Nomination confirmed 
and appointed 22d February, 1811, in place of Levi Lincoln, de- 
clined. Declined the appointment, and Joseph Story appointed. 

GABRIEL DUVAL, of Maryland. Nomination confirmed and ap- 
pointed 18th November, 1811, in the place of Samuel Chase, de- 
ceased. Resigned, and Philip P. Barbour appointed. 

JOSEPH STORY, of Massachusetts. Nomination confirmed and ap 

S7 



392 

pointed 18th November, 1811, in place of John Quincy Adams, 
declined. Died and Levi Woodbury appointed. 

SMITH THOMPSON, of New York. Appointed 1st September, 
1823, in recess of the Senate, in place of Brockholst Livingston, 
deceased. Nomination confirmed and appointed 9th December, 
1823. Died, and Samuel Nelson appointed. 

ROBERT TRIMBLE, of Kentucky. Nomination confirmed and ap- 
pointed 9th May, 1826, in the place of Thomas Todd, deceased. 
Died, and John McLean appointed. 

JOHN McLEAN, of Ohio. Nomination confirmed and appointed 7th 
March, 1829, in the place of Robert Trimble, deceased. 

HENRY BALDWIN, of Pennsylvania. Nomination confirmed and 
appointed 6th January, 1830, in place of Bushrod Washington, de- 
ceased. Died, and R. C. Grier appointed. 

JAMES M. WAYNE, of Georgia. Nomination confirmed and ap- 
pointed 9th January, 1835, in place of William Johnson, deceased. 

PHILIP P. BARBOUR, of Virginia. Nomination confirmed and ap- 
pointed 15th March, 1836, in place of Gabriel Duval, resigned. 
Died, and P. V. Daniel appointed. ' 

JOHN CATRON, of Tennessee. Nomination confirmed and ap- 
pointed 8th March, 1837. 

WILLIAM SMITH, of Alabama. Nomination confirmed and ap- 
pointed 8th March, 1837. Declined the appointment, and John 
McKinley appointed. 

JOHN McKINLEY, of Alabama. Appointed 22d April, 1837, in re- 
cess of the Senate, in place of William Smith, declined. Nomina- 
tioned confirmed and appointed 25th September, 1837. 

PETER V. DANIEL, of Virginia. Nomination confirmed and ap- 
pointed 3d March, 1841, in place of Philip P. Barbour, deceased. 

SAMUEL NELSON, of New York. Nomination confirmed and ap- 
pointed, 14th February, 1845, in place of Smith Thompson, de- 
ceased. 

LEVI WOODBURY, of Nev/ Hampshire. Appointed 20th Septem- 
ber, 1845, in recess of the Senate, in place of Joseph Story, de- 
ceased. Nomination confirmed and appointed 3d January, 1846. 

ROBERT C. GRIER, of Pennsylvania. Nomination confirmed and 
appointed 4th August, 1846, in place of Henry Baldwin, deceased. 

BENJAMIN ROBBINS CURTIS, of Massachusetts. Appointed during 
the recess of the Senate, in place of Levi Woodbury, deceased. No- 
mination confirmed and appointed 20th December, 1851. 



393 



CLERKS or THE SUPREME COURT OE THE UNITED STATES. 

John Tucker, of Massachusetts, appointed Feb. 3, 1790. Resigned. 
Samuel Bayard, of Delaware, do. Aug. 1, 1791. Resigned. 

Elias B. Caldwell, of N. J. do. Aug. 15, 1800. Died. 

William Griffith, of N. J. do. Feb. 9, 1826. Died. 

William T. Carroll, of D. C. do. Jan. 20, 1827. Pres't inc't. 



REPORTERS OE DECISIONS OE SUPREME COURT UNITED 

STATES. 

Alexander J. Dallas, reported from 1789 to 1800, inclusive. 
William Cranch, 
Henry Wheaton, 
Richard Peters, jun'r, 
Benjamin C. Howard, 



do. 


(( 


1801 to 1815, 


do. 


(( 


1816 to 1827, 


do. 


(( 


1828 to 1842, 


do. 


11 


1843. Present incumbent, 



MARSHALS OE THE UNITED STATES ATTENDANT ON THE 
SUPREME COURT OF THE UNITED STATES. 

Under the construction of the judiciary act of 1789, the Marshals of all 
the Districts were required to attend the sessions of the Supreme Court, 
until, by the act of 9th June, 1794, the Marshal of the district alone in 
which the court shall sit was required to attend its sessions. 
David Lenox, Marshal Dist. of Pa., attended Jan. 28, 1794 to Feb. 1801. 



Daniel Carroll Brent, Mar. D. C, 

Washington Boyd, do. 

Tench Ringgold, do. 

Henry Ashton, do. 

Alexander Hunter, do. 

E,OBERT "Wallace, do. 

Richard Wallach, do. 



Aug. 3, 1801, to Aug. 1808. 

Feb. 1, 1808, to Aug. 1818. 

Nov. 30, 1818, to Aug. 1831. 

Feb. 4, 1831, to Feb. 1834. 
March 6, 1834, to Dec. 1848. 
Dec. 5, 1848, to Dec. 1849. 
Dec. 4, 1849. Present incu't. 



CHAPTER 9. 



THIS CHAPTER ISAPPKOPRIATED TO THE 

DISTINGUISHED INDIVIDUALS 

WHO HAVE FILLED AND CONTINUE TO OCCUPY THE 

SEVERAL HIGH EXECUTIVE DEPARTMENTS OR OFFICES OF 
THE GOVERNMENT, 

From the ith March, 17S9, to the 3d March, 1851. 



SECRETARIES OF STATE. 

THOMAS JEFFERSON, of Virginia. Nomination confirmed and 
appointed 26th September, 1789. Resigned. 

EDMUND RANDOLPH, of Virginia. Nomination confirmed and ap- 
pointed 2d January, 1794. Resigned. 

TIMOTHY PICKERING, of Pennsylvania. Nomination confirmed 
and appointed 10th December, 1795. Removed. 

JOHN MARSHALL, of Virginia. Nomination confirmed and ap- 
pointed 13th May, 1800. Appointed Chief Justice Supreme Court 
31st January, 1801. Presided as such at February term, 1801. 
Continued to act as Secretary of State to 3d March, 1801. 

JAMES MADISON, of Virginia. Nomination confirmed and ap- 
pointed 5th March, 1801. Became President 4th March, 1809. 

ROBERT SMITH, of Maryland. (Secretary of the Navy.) Nomination 
confirmed and appointed 6th March, 1809. Resigned, and James 
Monroe appointed. 

JAMES MONROE, of Virginia. Appointed 2d April, 1811, in recess 
of Senate. Nomination confirmed and appointed 25th November, 
1811. Appointed Secretary of War, 27th September, 1814. 

JAMES MONROE, of Virginia. (Secretary of War.) Nomination con- 

37* 395 



396 

firmed and appointed 28th February, 1815. Became President of 

the United States 4th March, 1817. 
JOHN QUINCY ADAMS, of Massachusetts. Nomination confirmed 

and appointed 5th March, 1817. Became President of the United 

States 4th March, 1825. 
HENRY CLAY, of Kentucky. Nomination confirmed and appointed 

7th March, 1825. Resigned. 
MARTIN VAN BUREN, ofNew York. Nomination confirmed and 

appointed 6th March, 1829. Resigned, and Edward Livingston 

appointed. 
EDWARD LIVINGSTON, of Louisiana, appointed 24th May, 1831, 

in recess of Senate. Nomination confirmed and appointed 12th 

January, 1832. 
LOUIS McLANE, of Delaware. Appointed 29th May, 1833, in recess 

of Senate. Resigned. 
JOHN FORSYTH, of Georgia. Nomination confirmed and appointed 

27th June, 1834, in place of Louis McLane, resigned. 
DANIEL WEBSTER, of Massachusetts. Nomination confirmed and 

appointed 5th Marclr, 1841. Resigned. 
ABEL P. UPSHUR, of Virginia, appointed 24th July, 1843, in recess 

of the Senate, in place of Daniel Webster, resigned. Nomination 

confirmed and appointed 2d January, 1844. (Abel P. Upshur was 

killed on 28th February, 1844, by the bursting of a large cannon 

on board of the United States steam frigate the Princeton.) 
JOHN C. CALHOUN, of South Carolina. Nomination confirmed and 

appointed 6th March, 1844, in room of Abel P. Upshur, deceased. 
JAMES BUCHANAN, of Pennsylvania. Nomination confirmed and 

appointed 5th March, 1845. 

[ Continued on page 403] 



SECRETARIES OF THE TREASURY. 

ALEXANDER HAMILTON, of New York. Nomination confirmed 
and appointed 11th September, 1789. Resigned. 

OLIVER WOLCOTT, jun'r, of Connecticut. Nomination confirmed 
and appointed 3d February, 1795. Resigned, to take effect 31st 
December, 1800. 

SAMUEL DEXTER, of Massachusetts. (Secretary of War.) Nomina- 
tion confirmed and appointed 31st December 1800. 



397 

ALBERT GALLATIN, of Pennsylvania. Appointed 14th May, 1801, 
in recess of Senate. Nomination confirmed and appointed 26th 
January, 1802. Superseded by appointment of George W. Camp- 
bell, owing to his protracted absence in Europe as Public Minister 
of the United States. 

GEORGE W. CAMPBELL, of Tennessee. Nomination confirmed 
and appointed 9th February, 1814. Resigned, and Alexander 
James Dallas appointed. 

ALEXANDER JAMES DALLAS, of Pennsylvania. Nomination 
confirmed and appointed 6th October, 1814. 

WILLIAM H. CRAWFORD, of Georgia. Appointed 22d October, 
1816, in recess of the Senate, Nomination confirmed and ap 
pointed 5th March, 1817. 

RICHARD RUSH, of Pennsylvania. Nomination confirmed and ap- 
pointed 7th March, 1825. 

SAMUEL D. INGHAM, of Pennsylvania. Nommation confirmed 
and appointed 6th March, 1829. Resigned, and Louis McLane 
appointed. 

LOUIS McLANE, of Delaware. Appointed August 8th, 1831, in re- 
cess of the Senate. Nomination confirmed and appointed 13th 
January, 1832. 

WILLIAM J. DUANE, of Pennsylvania. Appointed 29th May, 1833, 
in recess of the Senate. Superseded by appointment of Roger B. 
Taney. 

ROGER B. TANEY, of Maryland, appointed 23d September, 1833, in 
recess of Senate, and continued until 24th June, 1834. 

LEVI WO ODBURY, of New Hampshire. Nomination confirmed and 
appointed 27th June, 1834. 

THOMAS EWING, of Ohio. Nomination confirmed and appointed 
5th March, 1841. Resigned, and W. Forward appointed. 

WALTER FORWARD, of Pennsylvania. Nomination confirmed and 
appointed 13th September, 1841, in place of Thomas Ewing, re- 
signed. 

JOHN C. SPENCER, of New York. Nomination confirmed and 
appointed 3d March, 1843, in place of Walter Forv/ard, resigned. 

GEORGE M. BIBB, of Kentucky. Nomination confirmed and ap 
pointed 15th June, 1844, in place of John C. Spencer, resigned. 

ROBERT J. WALKER, of Mississippi Nomination confirmed and 
appointed 5th March, 1845. 

[Continued on page 403] 



391 



SECRETARIES OF WAR. 

HENRY KNOX, of Massachusetts. Nomination confirmed and ap- 
pointed 12th September, 1789. Resigned. 

TIMOTHY PICKERING, of Pennsylvania. Nomination confirmed 
and appointed, 2d January, 1795. Appointed Secretary of State 
10th December, 1795. 

JOPIN McHENRY, of Maryland. Nomination confirmed and ap- 
pointed 27th January, 1796. Resigned, to take effect 1st June, 
1800. 

JOHN MARSPIALL, of Virginia. Nominated 7th May, 1800. Post- 
poned 9th May, 1800. Appointed 13th May, 1800, Secretary of 
State. 

SAMUEL DEXTER, of Massachusetts. Nomination confirmed and 
appointed 13th May, 1800. Appointed Secretary of the Treasury 
31st December, 1800. 

ROGER GRISWOLD, Member of House of Representatives from 
Connecticut. Nomination confirmed and appointed 3d February, 
1801. Vacated. 

HENRY DEARBORN, of Massachusetts. Nomination confirmed and 
appointed 5th March, 1801. 

WILLIAP/[ EUSTIS, of Massachusetts. Nomination confirmed and 
appointed 7th March, 1809. Resigned, and John Armstrong ap- 
pointed. 

JOHN ARMSTRONG, of New York. Nomination confirmed and 
appointed 13th January, 1813. Resigned, and James Monroe ap- 
pointed. 

JAMES MONROE, of Virginia. (Secretary of State.) Nomination 
confirmed and appointed 27th September, 1814. Appointed Secre- 
tary of State 28th February, 1815. 

WILLIAM H. CRAWFORD, of Georgia. Nomination confirmed and 
appointed 3d March, 1815. Appointed Secretary of the Treasury 
22d October, 1816. 

GEORGE GRAHAM, of Virginia. Appointed 7th April, 1817, in re- 
cess of the Senate. 

ISAAC SHELBY, of Kentucky. Nomination confirmed and appointed 
5lh March, 1817. Declined the appointment. 

JOHN C, CALHOUN, of South Carolina. Appointed 8th October, 
1817, in recess of the Senate. Nomination confirmed and ap- 
pointed 15th December, 1817, 



899 

JAMES BARBOUR, of Virginia. Nomination confirmed and ap- 
pointed 7th March, 1825. 

PETER B. PORTER, of New York. Nomination confirmed and ap- 
pointed 26th May, 1828. 

JOHN H. EATON, of Tennessee. Nomination confirmed and ap- 
pointed 9th March, 1829. Resigned, and Lewis Cass appointed. 

LEWIS CASS, of Ohio. Appointed 1st August, 1831, in recess of the 
Senate. Nomination confirmed and appointed 30th December, 
1831. Appointed Minister to France. 

BENJAMIN F. BUTLER, of New York. Nomination confirmed 
and appointed 3d March, 1837. 

JOEL R. POINSETT, of South Carolina. Nomination confirmed and 
appointed 7th March, 1837. 

JOHN BELL, of Tennessee. Nomination confirmed and appointed 
5th March, 1841. Resigned. 

JOHN McLEAN, of Ohio. Nomination confirmed and appomted 13th 
September, 1841, in place of John Bell, resigned. Declined the 
appointment. 

JOHN C. SPENCER, of New York. Appointed 12th October, 1841, 
in the recess of the Senate, in place of John McLean, declined. 
Nomination confirmed and appointed 20th December, 1841. 

JAMES M. PORTER, of Pennsylvania. Appointed 8th Man h, 1843, 
in recess of the Senate, in place of John C. Spencer, resigned, and 
continued to serve until 30th January, 1844. 

WILLIAM WILKINS, of Pennsylvania. Nomination confirmed and 
appointed 15th February, 1844. 

WILLIAM L. MARCY, of New York. Nomination confirmed and 
appointed 5th March, 1845. 

[Continued on page 404] 



SECRETARIES OF THE NAVY. 

GEORGE CABOT, of Massachusetts. Nomination confirmed and ap 

pointed 3d May, 1798. 
BENJAMIN ST ODDERT, of Maryland. Nomination confirmed and 

appointed 21st May, 1798. Resigned. 
ROBERT SMITH, of Maryland. Appointed 15th July, 1801, in re 

cess of the Senate. Nomination confirmed and appointed 26th 

January, 1802. Appointed Attorney General 2d March, 1805. 



400 

JACOB GROWNINSHIELD, of Massachusetts. Nomination con- 
firmed and appointed 2d March, 1805. 

PAUL HAMILTON, of South Carolina. Nomination confirmed and 
appointed 7th March, 1809. Resigned, and William Jones ap- 
pointed. 

"WILLIAM JONES, of Pennsylvania. Nomination confirmed and ap- 
pointed 12th January, 1813. Resigned, and Benjamin W. Crown- 
inshield appointed. 

BENJAMIN W. CROWNINSHIELD, of Massachusetts. Nomina- 
tion confirmed and appointed 17th December, 1814. 

SMITH THOMPSON, of New York. Appointed 9th November, 
1818, in recess of the Senate. Nomination confirmed and ap- 
pointed 30th November, 1818. Resigned. 

JOHN RODGERS. (President of the Board of Navy Commissioners.) 
Appointed 1st September, 1823, in recess of the Senate. 

SAMUEL L. SOUTHARD, of New Jersey. Appointed 16th Septem- 
ber, 1823, in recess of the Senate. Nomination confirmed and ap- 
pointed 9th December, 1823. 

JOHN BRANCH, of North Carolina. Nomination confirmed and ap- 
pointed 9th March, 1829. Resigned. 

LEVI WOODBURY, of New Hampshire, appointed 23d May, 1831, 
in recess of the Senate. Nomination confirmed and appointed 
27th December, 1831. Resigned, to take effect after 30th June, 
1834. 

MAHLON DICKERSON, of New Jersey. Nomination confirmed and 
appomted 30th June, 1834. Resigned. 

JAMES K. PAULDING, of New York. Nomination confirmed and 
appointed 20th June 1838, to take effect from 30th June, 1838, 
when M. Dickerson's resignation took effect. 

GEORGE E. BADGER, of North Carolina. Nomination confirmed 
and appointed 5th March, 1841. Resigned. 

ABEL P. UPSHUR, of Virginia. Nomination confirmed and appointed 
13th September, 1841. 

DAVID HENSHAW, of Massachusetts. Appointed 24th July, 1843, 
in recess of Senate, and served until 15th January, 1844. 

THOMAS W. GILMER, of Virginia. Nomination confirmed and ap- 
pointed 15th February, 1844, in the place of David Henshaw, re- 
jected by the Senate. (Thomas W. Gilmer, killed 28th February, 
1844, by the bursting of a large cannon on board the United States 
steam-frigate Princeton.) 

JOHN Y. MASON, of Virginia. Nomination confirmed and ap- 



401 

pointed 14th March, 1844, in place of T. W. Gilmer, deceased. 

Appointed Attorney General 5th March, 1845. 
GEORGE BANCROFT, of Massachusetts. Nomination confirmed 

and appointed 10th March, 1845. Resigned. 
JOHN Y. MASON, of Virginia. Appointed 9th September, 1846, in 

recess of the Senate, in the place of George Bancroft, resigned. 

Nomination confirmed and appointed 17th December, 1846. 
[Gontiniied on page 404] 



POSTMASTER GENERALS. 

SAMUEL OSGOOD, of Massachusetts. Nomination confirmed and 
appointed 26th September, 1789. Resigned. 

TIMOTHY PICKERING, of Pennsylvania. Appointed 12th August, 
1791, in the recess of the Senate. Nomination confirmed and ap- 
pointed 7th November, 1791. Appointed 1st June, 1794, in the 
recess of the Senate, under the act of 8th May, 1794. Nomina- 
<v tion confirmed and appointed 11th December, 1794. [Appointed 
(ex officio) Commissioner to settle affairs with the Indians, 1st 
March, 1793.] Appointed Secretary of War 2d January, 1795. 

JOSEPH HABERSHAM, of Georgia. Nomination confirmed and ap- 
pointed 25th February, 1795. Resigned. 

GIDEON GRANGER, of Connecticut. Appointed 28th November, 
1801, in recess of the Senate, in place of J. Habersham, resigned. 
Nomination confirmed and appointed 26th January, 1802. 

RETURN JONATHAN MEIGS, jun'r. (Governor of Ohio.) Nomi- 
nation confirmed and appointed 17th March, 1814. Resigned. 

JOHN McLean, of Ohio. Appointed 26th June, 1823, in recess of the 
Senate. Nomination confirmed and appointed 9th December, 
1823. 

WILLIAM T. BARRY, of Kentucky. Nomination confirmed and 
appointed 9th March, 1829. 

AMOS KENDALL, of Kentucky. Appointed 1st May, 1835, in the 
recess of the Senate. Nomination confirmed and appointed 15th 
March, 1836. 

JOHN M. NILES, of Connecticut. Nomination confirmed and ap- 
pointed on 18th, to take effect from 25th May, 1840. 

FRANCIS GRANGER, of New York. Nomination confirmed and 
appointed 6th March, 1841. R<'signed. 



402 

CHARLES \. WICKLIFFE, of Kentucky. Nomination confirmed 
and appointed 13th September, 1841. Resigned. 

CAVE JOHNSON, of Tennessee. Nomination confirmed and ap- 
pointed 5th March, 1845. 

[Continued on page 404.] 



ATTORNEY GENERALS. 

EDMUND RANDOLPH, of Virginia. Nomination confirmed and ap> 
pointed 26th September, 1789. Appomted Secretary of State 2d 
January, 1794, 

WILLIAM BRADFORD, of Pennsylvania. Nomination confirmed 
27th January, and appointed 28th January, 1794. Died. 

CHARLES LEE, of Virginia. Nomination confirmed and appointed 
10th December, 1795. Appointed (ex officio) Commissioner to ad- 
just claims of Georgia, 12th February, 1800. Appointed Chief 
Judge of the Fourth Circuit, &c., 20th February, 1801. 

THEOPHILUS PARSONS, of Massachusetts. Nomination con- 
firmed and appointed 20th February, 1801. Declined the appoint 
ment. 

LEVI LINCOLN, of Massachusetts. Nomination confirmed and ap- 
pointed 5th March, 1801. Resigned in 1805. 

ROBERT SMITH, of Maryland. Nomination confirmed and appointed 
2d March, 1805. 

JOHN BRECKENRIDGE, of Kentucky. Nomination confirmed and 
appointed 23d December, 1805. 

CJESAR A. RODNEY, of Pennsylvania. Nomination confirmed and 
appointed 20th January, 1807. Resigned. 

WILLIAM PINKNEY, of Maryland. Nomination confirmed and 
appointed 11th December, 1811. 

RICHARD RUSH, of Pennsylvania. Nomination confirmed and ap- 
pointed 10th February, 1814. 

WILLIAM WIRT, of Virginia. Appointed 13th November, 1817, in 
recess of the Senate. Nomination confirmed and appointed 15th 
December, 1817. 

JOHN MACPHERSON BERRIEN, of Georgia. Nomination con- 
firmed and appointed 9th March, 1829. Resigned. 

ROGER BROOKE TANEY, of Maryland. Appointed 20th July, 
1831, in the recess of the Senate. Nomination confirmed and ap- 
pointed 27th December, 1831. 



403 

BENJAMIN F. BUTLER, of New York. Appointed 15th Novem- 
ber, 1833, in the recess of the Senate. Nomination confirmed and 
appointed 24th June, 1834. Resigned. 

FELIX GRUNDY, of Tennessee. Nomination confirmed and ap- 
pointed 7th July, 1838, to take effect 1st September, 1838, when 
resignation of B. F. Butler took effect. Resigned. 

HENRY D. GILPIN, of Pennsylvania. Nomination confirmed and 
appointed 10th January, 1840. 

JOHN J. CRITTENDEN, of Kentucky. Nomination confirmed and 
appointed 5th March, 1841. Resigned. 

HUGH S. LEGARE, of South Carolina. Nomination confirmed and 
appointed 13th September, 1841. Died. 

JOHN NELSON, of Maryland. Appointed 1st July, 1843, in the re- 
cess of the Senate. Nomination confirmed and appointed 2d Janu- 
ary, 1844. Resigned. 

JOHN Y. MASON, of Virginia. Nomination confirmed and appointed 
5th March, 1845. Resigned. Appointed Secretary of the Navy 
9th September, 1846. 

NATHAN CLIFFORD, of Maine. Appointed 17th October, 1846, in 
the recess of the Senate. Nomination confirmed and appointed 
23d December, 1846. Resigned. 

ISAAC TOUCEY, of Connecticut. Nomination confirmed and appointed 
21st June, 1848. 

IContimied on page 404.] 

SECRETARIES OF STATE. 

JOHN M. CLAYTON, of Delaware. Nomination confirmed and appointed 
7ti March, 1849. Resigned. 

DANIEL 'WEBSTER, of Massachusetts. Nomination confirmed and ap- 
pointed 20th July, 1850. Died. 

EDWARD EVERETT, of Massachusetts. Nomination confirmed and ap- 
pointed 9th December, 1852. 



SECRETARIES OF THE TREASURY. 

WILLIAM MORRIS MEREDITH, of Pennsylvania. Nomination con- 
firmed and appointed 7th March, 1849. Resigned. 
THOMAS CORWIN, of Ohio. Nomination confirmed and appointed 20th 

June, 1850. 

38 



404 
SECRETARIES OF THE INTERIOR. 

THOMAS EWING, of Ohio. Nominated and confirmed 7th March, 1849. 

Resigned. 
JAMES A. PEARCE, of Maryland. Nomination confirmed and appointed 

20th July, 1850. Declined accepting. 
THOMAS M. T. McKENNAN, of Pennsylvania. Nomination confirmed 

and appointed 15th August, 1850, Resigned. 
ALEXANDER H. H. STUART, of Virginia. Nomination confirmed and 

appointed 12th September, 1850. 

SECRETARIES OF WAR. 

GEORGE W. CRAWFORD, of Georgia. Nomination confirmed and ap- 
pointed 7th March, 1849. Resigned. 

EDWARD BATES, of Missouri. Nomination confirmed and appointed 
20th July, 1850. Declined accepting. 

CHARLES M. CONRAD, of Louisiana. Nomination confirmed and ap- 
pointed 15th August, 1850. 

SECRETARIES OF THE NAVY. 

WILLIAM BALLARD PRESTON, of Virginia. Nomination confirmed 

7th March, 1849. Resigned. 
WILLIAM A. GRAHAM, of North Carolina. Nomination confirmed and 

appointed 20th July, 1850. Resigned. 
JOHN P. KENNEDY, of Maryland. Nomination confirmed and appointed 

22d July, 1852. 

ATTORNEY GENERALS. 

REVERDY JOHNSON, of Maryland. Nominated and confirmed 7th 
March, 1849. Resigned. 

JOHN J. CRITTENDEN^ of Kentucky. Nomination confirmed and ap- 
pointed 20th July, 1850. 

POSTMASTER GENERALS. 

JACOB COLLAMER, of Vermont. Nominated and confirmed 7th March. 

1849. Resigned. 
NATHAN K. HALL, of New York. Nomination confirmed and appointed 

20th July, 1850. Resigned. 
SAMUEL D. HUBBARD, of Connecticut. Nomination confirmed and 

appointed 31st August, 1852. 
hicke'y constitutions. 



405 
CHAPTER 10. 

THE UNITED STATES OF AMERICA. 

Chronological statement of the formation of the govern- 
ments of the several States; of their becoming members 
of the Union by their adoption or ratification of the Con- 
stitution of the United States, or by their admission as 
States since the estabhshment of the Constitution ; with 
a particular account of the progress of each of the lat- 
ter, either from the condition of territorial dependencies, 
or independent governments, to the rank of States. 

Monday, September 5, 1774. 

A number of Delegates, chosen and appointed by the several Colonies 
and Provinces in North America, met to hold a Congress at Philadel- 
phia, and assembled in Carpenter's Hall. 

Tuesday, September 6, 1774. 

Resolved, That in determining questions in this Congress, each Co- 
lony or Province shall have one vote — The Congress not being pos- 
sessed of, or at present able to procure proper materials for ascertaining 
the importance of each Colony. 

[This principle was confirmed by the Articles of Confederation which 
declared that, " In determining questions in the United States, in Con- 
gress assembled, each State shall have one vote." And they further 
declared that certain enumerated powers should never be determined 
by Congress, "unless nine States assent to the same: nor shall a ques 
tion on any other point, except for adjourning from day to day, be deter- 
mined, unless by the votes of a majority of the United States in Congress 
assembled." — These extracts show the relative authority or importance 
of the several States in the exercise of the sovereign power under the 
Confederation.] 

TtTESDAY, July 2, 1776. 

Resolved, That these United Colonies are, and, of 
right, ought to be. Free and Independent States ; that 



406 

they are absolved from all allegiance to the British crown, 
and that all political connexion between them, and the 
State of Great Britain, is, and ought to be, totally dis- 
solved. 

Thursday, July 4, 1776. 

The Congress agreed to A Declaration of Independ.ence by the 
Representatives of the United States of America, in Congress 
ASSEMBLED, to be signed by the members from the several States, which 
will be found in this volume. 

Monday, September 9, 1776. 

Resolved, That in all continental commissions, and other instruments, 
where, heretofore, the words "United Colonies" have been used, the 
style be altered, for the future, to the United States, 

Saturday, November 15, 1777. 
The Articles of Confederation and perpetual Union of the United 
States of America were agreed to by the Delegates of the thirteen 
original States in Congress assembled, subject to the ratification 
of the Legislatures of the several States. 

These articles were ratified by 8 States on the 9th July, 1778. 
Ditto. . • . . . 1 State , . 21st July, 1778. 

Ditto 1 State . . . 24th July, 1778. 

Ditto 1 State . . 26th Nov. 1778. 

Ditto 1 State . . . 22d Feb., 1779. 

Ditto 1 State . . 1st March, 1781.; 

The ratification was therefore completed on the 1st March, 1781,* 
the articles being dated the 9th July, 1778, and this completed the 
bond of union of the thirteen original States, whose delegates as- 
sembled in Congress continued to legislate and execute the powers 
of the United States under the Articles of Confederation until the 
4th March, 1789, when, by their resolution of the 13th September, 
1788, the Constitution of the United States, also adopted and rati- 
fied by the people of the said original States, went into operation, 

* Vide the notes under "Ohio" for the cause of the delay on the partof Mary- 
Isjjd to ratify the Articles of Confederation until March 1, 1781. 



407 

forming thereby a more perfect Union of the People for the 
Government of the United States of America. 

The thirteen original States that formed and confirmed 
the Union by the adoption of the Constitution, are as fol- 
lows : — 

NEW HAMPSHIRE. 

Embraced under the charter? of Massachusetts, and continued under the same 
jurisdiction until September 18, 1679, when a separate charter and government 
was granted. A Constitution was formed on January 5, 1776, w^hich was altered 
in 1784, and was further altered and amended on February 13, 1792. 

This State ratified the Constitution of the United States, June 21, 1788. 

MASSACHUSETTS. 

Settled under compacts of the emigrants of November 3, 1620, and chartered on 
March 4, 1629 ; also chartered January 13, 1630 ; an explanatory charter granted 
August 20, 1726, and more completely chartered on October 7, 1731 ; formed a 
Constitution on March 2, 1780, which was altered arid amended on November 
3, 1820. 

Ratified the Constitution of the United States, February 6, 1788. 

RHODE ISLAND. 

Embraced under the charters of Massachusetts, and continued under the same 
jurisdiction until July 8, 1662, when a separate charter was granted, which con- 
tinued in force until a Constitution was formed in September, 1842. 

Ratified the Constitution of the United States, May 29, 1790. 

CONNECTICUT. 

Embraced under the charters of Massachusetts, and continued under the same 
jurisdiction until April 23, 1662, -yvhen a separate charter was granted, which 
continued in force until a Constitution was formed on September 15, 1818. 

Ratified the Constitution of the United States, January 9, 1783. 

NEW YORK. 

GraHted to Duke of York, March 20, 1664 ; April 26, 1664 ; June 24, 1664. Newly 
patented on February 9, 1674; formed a Constitution on April 20, 1777, which 
was amended on October 27, 1801, and further amended Novenaber 10, 1821. 
A new Constitution was formed in 1846. 

Ratified the Constitution of the United States, July 20, 1788. 

NEW JERSEY. 

Held under same grants as New York ; separated into East and West Jersey 
on March 3. 1677. The government surrendered to the Crown in 1702, and so 
continued until the formation of a Constitution on July 2, 1776. 

Ratified the Constitution of the United States, December 18, 1737. 

38* 



408- 

PENNSYLVANIA. 
Chartered on February 28, 1681 ; formed a Constitution on September 28, 1778 j 
amended, &c., on September 2,1790. 
Ratified the Constitution of the United States, December 12, 1787. 

DELAWARE. 

Embraced in the charter, and continued under the government of Pennsyl- 
vania until the formation of a Constitution on September 20, 1776 j' a new Con- 
stitution formed on June 12, 1792. 

Ratified the Constitution of the United States, December 7, 1787. 

MARYLAND. 

Chartered on June 20, 1632; formed a Constitution August 14, 1776, which waa 
amended in 1795 and 1799, and further amended in November, 1812. 
Ratified the Constitution of the United States, April 28, 1788. 

VIRGINL4, 

Chartered April 10, 1606, May 23, 1609, and March 12, 1612; formed a Consti- 
tution on July 5, 1776 ; amended January 15, 1830. 
Ratified the Constitution of the United States, June 26, 1788. 

NORTH CAROLINA. 

Chartered in March 20, 1663, and June 30, 1665 ; formed a Constitution, Decem- 
ber 19, 1776, which was amended in 1835. 
Ratified the Constitution of the United States, November 21, 1789. 

SOUTH CAROLINA. 

Embraced in the charters of Carolina or North Carolina, from which it was 
separated in 1729; formed a Constitution March 26, 1776, which was amended 
on March 19, 1778, and June 3, 1790. 

Ratified the Constitution of the United States,^ May 23, 1788. 

• GEORGIA. 

Chartered on June 9, 1732; formed a Constitution on February 5, 1777, a se- 
cond in 1785, and a third on May 30. 1798. 
Ratified the Constitution of the United States, January 2, 1788. 

The privilege of becoming members of the American Union by 
the mere ratification of the Constitution, was reserved to those 
States alone that were parties to the previous confederation and 
the compact or convention by which the Constitution was formed. 
The ratification of nine States being- sufficient for the establish- 
ment of the Constitution; and, it having been ratified by eleven 
►States, it was determined by Congress, on the 13th September, 



409 

1788, under the resolutions of the convention, that the Constitu- 
tion had been established, and that it should go into operation on 
the first Wednesday (4th day) of March, 1789,— It therefore ap- 
pears that two of the States did not ratify the Constitution until 
after its establishment, yet they were not treated as new States, 
requiring- particular forms of admission, but their Senators and 
Representatives, as provided 'for in the 2d sect. 1st art. of the 
Constitution, were admitted in Congress upon the presentation of 
their authenticated forms of ratification. It was considered neces- 
sary, however, that the laws of the United States passed previous 
to their accession should be extended to them by special acts. 

The Union having been thus completed, and its Constitution 
and government established, the United States under the Sd section 
of the 4th article of the Constitution reserved to themselves, in 
Congress assembled, the right and the. power to admit new States, 
by declaring that " New States may be admitted by the Congress 
into this Union ;" and, as the 4th section of the same article re- 
quires, that "The United States shall guarantee to every State in 
this Union a Republican form of government," it has in practice 
been deemed a pre-requisite that the people proposing to form a new 
State be authorized by law to form a Constitution, to be submitted 
to Congress, to enable that body to judge of its Republican cha- 
racter, before proceeding to exercise that high and sovereign power 
of admitting a distinct community of people to the inestimable 
rights, privileges, and immunities, secured by the organization of a 
State government, — and upon an equal footing, in all respects 
whatsoever, with those States that jointly achieved the independ- 
ence of the country, and which, together with those thai have be- 
come members of the Union since that eventful period, have borne 
the hardships, trials, and difficulties, both internal and external, 
through which the nation has passed, and which have secured the 
stability, power, and happiness of the country. 

The Constitution of the United States declares, that " new States 
maybe admitted by the Congress into this Union; but no new 
State shall be formed or erected within the jurisdiction of any other 
State, nor any State be formed by the junction of two or more 



410 

Stales, or parts of States, without the consent of the legislatures of 
the States concerned as well as of the Congress." 

Upon this clause, James Madison, in the " Federalist," makes 
the following remarks :— . . 

"In the articles of Confederation, no provision is found on this im- 
portant subject. Canada was to be admitted of right, on her joining in 
the measures of the United States ; and the other colonies, by which were 
evidently meant, the other British Colonies, at the discretion of nine 
States. The eventual establishment of new States seems to have been 
overlooked by the compilers of that instrument. We have seen the in- 
convenience of this omission, and the assumption of power into which 
Congress have been led by it. With great propriety, therefore, has the 
new system supplied the defect. The general precaution, that no new 
State shall be formed without the concurrence of the Federal authority, 
and that of the States concerned, is consonant to the principles which 
ought to govern such transactions. The particular precaution against 
the erection of new States, by the partition of a State without its con- 
sent, quiets the jealousy of the larger States ; as that of the smaller is 
quieted by a like precaution, against a junction of States without their 
consent." - 

V 

The Constitution also declares that " the Congress shall have 
power to dispose of, and make all needful rules and regulations re- 
specting the territory or other property belonging to the United 
States ; and nothing in this Constitution shall be so construed as 
to prejudice any claims of the United States, or of any particular 
State." 

Under this clause, Congress exercises the power of creating 
territorial governments, which in process of time, by the increase 
of population and other concurrent causes, apply, on behalf of the 
people, for authority to form constitutions and state governments, 
with a view to admission into the Union, at a future period, and it 
is for the Congress of the United States in the exercise of their high 
constitutional powers, and under the solemn responsibilities imposed 
upon them as guardians of the rights and the welfare of the whole 
Union, to judge of the expediency and the time of admitting the jceo- 
ple who may have become inhabitants of such territories, to all the 
peculiar and inestimable rights, privileges, and immunities of the 



411 

citizens of one of the United Stakes of America. Mr. Madison re- 
marks upon this point that, 

" This is a power of very great importance, and required by considera- 
tions similar to those which show the propriety of the former. The 
proviso annexed is very proper in hself, and was probably rendered 
absolutely necessary by jealousies and questions concerning the western 
territory sufficiently known to the public." 

But the Constitution requires that "The United States shall 
guarantee to every State in this Union a Republican Form of Go- 
vernment, and shall protect each of them against Invasion ; and on 
Application of the Legislature, or of the Executive, (when the 
Legislature cannot be convened,) against domestic Violence." And, 
upon this clause, Mr. Madison has expressed in the " Federalist" 
the following wise and just sentiments : 

" In a Confederacy founded on republican principles, and composed of 
republican members, the superintending government . ought clearly to 
possess authority to defend the system against aristocratic or monarchical 
innovations. The more intimate the nature of such a Union may be, 
the greater mterest have the members in the political institutions of each 
other ; and the greater right to insist, that the forms of government under 
which the compact was entered into, should be substantially maintained. 

"But a right implies a remedy; and where else could the remedy 
be deposited, than where it is deposited by the Constitution? Govern- 
ments of dissimilar principles and forms have been found less adapted to 
a federal coalition of any sort than those of a kindred nature. ' As the 
confederate republic of Germany,' says Montesquieu, ' consists of free 
cities and petty States, subject to different princes, experience shows us, 
that it is more imperfect than that of Holland and Switzerland.' ' Greece 
was undone,' he adds, ' as soon as the king of Macedon obtained a seat 
among the Amphictyons.' In the latter case, no doubt, the dispropor- 
tionate force, as well as the monarchical form of the new confederate, 
had its share of influence on the events. 

" It may possibly be asked, what need there could be of such a pie- 
caution, and whether it may not become a pretext for alterations in the 
State governments, without the concurrence of the States themselves. 
These questions admit of ready answers. If the interposition of the 
General Government should not be needed, the provision for such an 
event will be a harmless superfluity only in the Constitution. But who 
can say what experiments may be produced by the capnce of particular 



412 

States, by the ambition of enterprising leaders, or by the intrigues and 
influence of foreign powers ? 

" To the second question it may be answered, that if the .General Go- 
vernment should interpose by virtue of this Constitutional authority, it 
will be of course bound to pursue the authority. But the authority ex- 
tends no farther than to a guarantee of a republican form of government, 
which supposes a pre-existing government of the form which is to be 
guarantied. As long therefore as the existing republican forms are con- 
tinued by the States, they are guarantied by the Federal Constitution. 
Whenever the States may choose to substitute other republican forms, 
they have a right to do so, and to claim the Federal guarantee for the 
latter. The only restriction imposed on them is, that they shall not ex- 
change republican for anti-republican constitutions ; a restriction which, 
it is presumed, will hardly be considered as a grievance." 



THE "NEW states;' 

ADMITTED INTO THE UNION SINCE THE ADOPTION OF THE CON- 
STITUTION OF THE UNITED STATES, ARE AS FOLLOWS:— 

VERMONT, 

Formed from part of the territory of New York, with the consent of its Legis- 
lature, by act of March 6, 1790. (Vide Journal Senate of the United States, Feb. 9, 
1791, and appendix to Journal House of Representatives, vol. 1, p. 4ia.) Applica- 
tion of the Commissioners of Vermont to Congress for admission into the Union 
was received at Philadelphia, Feb. 9, 1791, a constitution having been formed 
Dec. 25, 1777. Vermont admitted by act of Congress approved Feb. 18, 1791, to 
take effect, i. e., "shall be received and admitted," on March. 4r, 1791. 

Entitled to two Representatives by act of Congress Feb. 25, 1791. 

An act giving effect to laws of the United States in Vermont, after March 3, 
1791, approved March 2, 1791. 

A constitution adopted by Vermont, July 9, 1793. 

KENTUCKY, 

Formed from the territory of Virginia with the consent of its Legislature by lact 
of Dec. 18, 1789. (Vide Journal Senate of the United States, Dec. 9, 1790, and Bioren 
& Duane's edition Laws of the United States, vol. 1, page 673; and message or 
speech of President to Congress, Dec. 8, 1790.) Application of the convention of 
Kentucky received, Dec. 9, 1790. (See Journal House of Representatives, vol. 1, 
p. 411, appendix.) (Its constitution not then formed.) Act of Congress for its re- 
ception and admission on June Ij II'OS, approved on Feb. 4, 1791. 

Entitled to two Representatives, by act of Congress Feb. 25, 1791. 



413 

(N^o act giving effect to laws of the United States in Kentucky.) 

A copy of the constitution formed for the State of Kentucky laid before Congress 

by the President of the United States, on November 7, 1792. A new constitution 

was adopted on August 17, 1799. 

TENNESSEE, 

Formed of territory ceded .to the United States by the State of North Carolina, 
by act of December, 1789, conveyed to the United States by the Senators from North 
Carolina, Feb. 25, 1790, and accepted by act of Congress of April 2, 1790. An act for 
the government of the territory of the United States south of the river Ohio, was 
approved 26 May, 1790. See also act of 8 May, 1792. The people of that territory 
formed a convention, adopted a constitution on Feb. 6, 1796, and applied for admis- 
Bion, (vide Journal House of Representatives, April 8, and Senate Journal, April 11, 
1796, and folio State Papers, " Miscellaneous," vol. 1, pp. 146 — 7, 150,) upon which 
" an act for the admission of the State of Tennessee into the Union was passed and 
approved, June 1, 1796, by which the laws of the United States were extended 
to that State, and it was allowed one Representative in Congress. 

The said laws were again estended to the State of Tennessee by an act approved 
January 31, 1797, and by an act approved February 19, 1799. (This last act divided 
the State into Eastern and Western Districts.) 

OHIO, 

Formed out of a part of the territory north-west of the river Ohio, which was 
ceded to the United States by the General Assembly of Yirginia, at their sessions 
begun October 20, 1783, and accepted by the Congress of the United States, March 1, 
1784. The act of Virginia was modified by act of Assembly of December 30, 1788, 
consenting that the territory be divided into not more than five, nor less than three, 
States. An act to provide for the government of the territory north-west of the 
river Ohio, was approved on August 7, 1789. This territory was divided into two 
separate governments by act of Congress of May 7, 1800. 

The census of the territory, and petitions from the people thereof, referred to com- 
mittee of the House of Representatives. (See Journal, January 29, 1802. See report 
March 4, 1802, folio State Papers, " Miscellaneous," vol. 1, p. 325.) An act to enable 
the people of the eastern division of said territory to form a constitution and State 
government was passed and approved April 30, 1802, by which tha,t State was 
allowed one Representative in Congress. A constitution was accordingly formed on 
November 1, 1802, and presented to Congress. (See Journal Senate, January 7, 1803.) 

The said people having, on Noveintoer 29, 1803, complied with tne act of 
Congress, of April 30, 1802, whereby the said State became one of the United States, 
an act was passed and approved on February 19, 1803, for the due execution of the 
laws of the United States, &c., within that State. 

An act in addition to, and in modification of, the propositions contained in the act 
of April 30, 1802, was passed and approved on March Sd, 1803. 



414 

MORTH- WESTERN AND WESTERN TERRITORY. 

OHIO being the first State formed out of the territory 
north-west of the river Ohio, and admitted into the Union, 
it is deemed proper to insert here the circumstances and 
facts which led to the cession of that territory, and the 
principles agreed upon and established for the rule of its 
future government, which will apply equally to the other 
States formed out of this territory. 

Preliminary to the " Ordinance for the government of the Terri- 
tory of the United States north-west of the river Ohio, it may be 
proper to refer to the acts and proceedings which led to the cession 
of this and other territory to the United States by individual States; 
to the acts of cession themselves, and to other acts having a direct 
bearing upon this interesting subject. 

The attention of the whole country appears to have been first 
drawn to the subject, in a forcible manner, by the decided stand 
taken by the State of Maryland, during the discussion in the Con- 
gress upon the objections of certain States to the articles of Con- 
federation, in June, 1778. That State proposed ,^ on the 22d June, 
1778, and afterwards insisted, that the boundaries of each of the 
States, as claimed to extend to the river Mississippi, or South Sea, 
should be ascertained and restricted, and that the property in the 
soil of the western territories be held for the common benefit of all 
the States. From that time until 2d February, 1781, the State of 
Maryland refused to accede to the articles of Confederation, incon- 
sequence of having failed to obtain an amendment upon that point, 
against which course Virginia had remonstrated. 

On the 25th. November, 1778, the act of New Jersey for ratify- 
ing the articles of Confederation was presented, in which this and 
other difficulties were referred to ; but their delegates were directed 
to sign those articles, "in the firm reliance that the candour and 
justice of the several States will, in due time, remove as far as 
possible the inequality which now subsists." 

The delegate from Delaware having signed the articles of Con- 
federation on the 22d February, 1779, presented on the 23d sundry 



415 

resolutions passed by the Legislature of tliat State, among which 
were the following : 

" Resolved, That this State thinks it necessary, for the peace and 
safety of the States to be included in the Union, that a moderate 
extent of limits should be assigned for such of those States as 
claim to the Mississippi or South Sea ; and that the United States 
in Congress assembled, should, and ought to have the power of 
fixing their western limits." 

''^Resolved, That this State consider themselves justly entitled to 
a right, in common with the members of the Union, to that exten- 
sive tract of country which lies westward of the frontiers of the 
United States, the property of which was not vested in, or granted 
to, individuals at the commencement of the present war: — That the 
same hath been, or may be, gained from the King of Great Britain, 
or the native Indians, by the blood and treasure of all, and ought 
therefore to be a common estate, to be granted out on terms bene- 
ficial to the United States." 

Upon which Congress passed the following resolution on the 
said 23d February, 1779, eight States voting in favor, and three 
against the same, viz. : 

*' Resolved, That the paper laid before Congress by the delegate 
from Delaware, and read, be filed ; provided, that it shall never be 
considered as admitting any claim by the same set up or intended 
to be set up." 

On the 21st May, 1779, the delegates from Maryland laid before 
Congress the following instructions received by them : 

Instructions of the General Assembly of Maryland, to George Plater, 
William Paca, William Carmichael, John Henry, James Forbes, and 
Daniel of St. Thomas Jenifer, esquires. 

r 

Gentlemen: 

Having conferred upon you a trust of the highest nature, it is evident 

we place great confidence in your integrity, abilities, and zeal to promote 

the general welfare of the United States, and the particular interest of 

this State, where the latter is not incompatible with the former; but, to 

add greater weight to your proceedings in Congress, and take away an 

suspicion that the opinions you there deliver, and the votes you 

give, may be the mere opinions of individuals, and not resulting 

39 



416 

from your knowledge of the sense and deliberate judgment of the 
State you represent, we think it our duty to instruct as foUoweth 
on the subject of the Confederation — a subject in which, unfortu- 
nately, a supposed difference of interest has produced an almost equal 
division of sentiments among the several States composing the Union. 
We say a supposed difference of interests ; for if local attachments and 
prejudices, and the avarice and ambition of individuals, would give way 
to the dictates of a sound policy, founded on the principles of justice, 
(and no other policy but what is founded on those immutable principles 
deserves to be called sound,) we flatter ourselves this apparent diversity 
of interests would soon vanish, and all the States would confederate on 
terms mutually advantageous to all ; for they would then perceive that 
no other confederation than one so formed can be lasting, Although the 
pressure of immediate calamities, the dread of their continuance from 
the appearance of disunion, and some other peculiar circumstances, may 
have mduced some States to accede to the present Confederation, con- 
trary to their own interests and judgments, it requires no great share of 
foresight to predict, that, when those causes cease to operate, the States 
which have thus acceded to the Confederation will consider it as no 
longer binding, and will eagerly embrace the first occasion of asserting 
their just rights, and securing their independence. Is it possible that 
those States who are ambitiously grasping at territories to which, in our 
judgment, they have not the least shadow of exclusive right, will use 
with greater moderation the increase of wealth and power derived from 
those territories, when acquired, than what they have displayed in their 
endeavors to acquire them ? We think not. We are convinced the 
same spirit which hath prompted them to insist on a claim so extrava- 
gant, so repugnant to every principle of justice, so incompatible with the 
general welfare of all the States, will urge them on to add oppression to 
injustice. If they should not be incited by a superiority of wealth and 
strength to oppress by open force their less wealthy and less powerful 
neighbors, yet depopulation, and consequently the impoverishment of 
those States, will necessarily follow, which, by an unfair construction of 
the Confederation, may be stripped of a common interest, and the com- 
mon benefits derivable from the western country. Suppose, for instance, 
Virginia indisputably possessed of the extensive and fertile country to 
which she has set up a claim : what would be the probable consequences 
to Maryland of such an undisturbed and undisputed possession ? They 
cannot escape the least discerning. 

Virginia, by selling on the most moderate terms a small proportion o^ 
the lands in question, would draw into her treasury vast sums of money 



417 

and, in proportion to the sums arising from such sales, would be enabled 
to lessen her taxes. Lands comparatively cheap, and taxes compara- 
tively low, with the lands and taxes of an adjacent State, would quickly 
drain the State thus disadvantageously circumstanced of its most useful 
inhabitants : its wealth, and its consequence in the scale of the confede- 
rated States, would sink, of course. A claim so injurious to more than 
one-half, if not to the whole of the United States, ought to be supported by 
the clearest evidence of the right. Yet what evidences of that right have 
been produced ? What arguments alleged in support either of the evidence 
or the right ? None that we have heard of deserving a serious refutation. 
It has been said, that some of the delegates of a neighboring State 
have declared their opinion of the impracticability of governing the ex- 
tensive dominion claimed by that State. Hence also the necessity was 
admitted of dividing its territory, and erecting a new State, under the 
auspices and direction of the elder, from whom, no doubt, it would re 
ceive its form of government, to whom it would be bound by some alii 
ance or confederacy, and by whose councils it would be influenced. Such 
a measure, if ever attempted, wo-ild certainly be opposed by the other 
States as inconsistent with the tetter and spirit of the proposed Confede- 
ration. Should it take place by establishing a sub-confederacy, impe- 
rium in imperio, the State possessed of this extensive dominion must 
then either submit to all the inconveniences of an overgrown and un- 
wieldy government, or suffer the authority of Congress to interpose, at a 
futui"e time, and to lop off" a part of its territory, to be erected into a new 
and free State, and admitted into a confederation on such conditions as 
shall be settled by nine States. If it is necessary, for the happiness and 
tranquillity of a State thus overgrown, that Congress should hereafter 
interfere and divide its territory, why is the claim to that territory now 
made, and so pertinaciously insisted on ? We can suggest to ourselves 
but two motives : either the declaration of relinquishing, at some future 
period, a proportion of the country now contended for, was made to lull 
suspicion asleep, and to cover the designs of a secret ambition, or, if the 
thought was seriously entertained, the lands are now claimed to reap an 
immediate profit from the sale. We are convinced, policy and justice re- 
quire that a country unsettled at the commencement of this war, 
claimed by the British crown, and ceded to it by the treaty of Paris, if 
wTested from the common enemy by the blood and treasure of the thir- 
teen States, should be considered as a common property, subject to be 
parcelled out by Congress into free, convenient, and independent govern- 
ments, in such manner and at such times as the wisdom of that eissembly 
shall hereafter direct. 



418 

Thus convinced, we should betray the trust reposed in us by our con- 
stituents, were we to authorize you to ratify on their behalf the Confede- 
ration, unless it be farther explained. We have coolly and dispassion- 
ately considered the subject ; we have weighed probable inconveniences 
and hardships, against the sacrifice of just and essential rights ; and do 
instruct you not to agree to the Confederation, unless an article or articles 
be added thereto in conformity with our declaration. Should we succeed 
in obtaining such article or articles, then you are hereby fully empowered 
to accede to the Confederation. 

That these our sentiments respecting our Confederation may be more 
publicly known, and more explicitly and concisely declared, we have 
drawn up the annexed declaration, which we instruct you to lay before 
Congress, to have it printed, -and to deliver to each of the delegates of 
the other States in Congress assembled, copies thereof, signed by your- 
selves, or by such of you as may be present at the time of delivery ; to 
the intent and purpose that the copies aforesaid may be communicated to 
our brethren of the United States, and the contents of the said declara- 
tion taken into their serious and candid consideration. 

Also we desire and instruct you to move, at a proper time, that these 
instructions be read to Congress by their secretary, and entered on the 
journals of Congress. 

We have spoken with freedom, as becomes freemen ; and we sin- 
cerely wish that these our representations may make such an impression 
on that assembly as to induce them to make such addition to the Articles 
of Confederation as may bring about a permanent union. 

A true copy from the proceeding of December 15, 1778. 

Test : T. DUCKETT, C. H. D. 

On the 30th October, 1779, Congress, by a vote of eight States 
to three, and one being divided, passed the following : 

Whereas the appropriation of vacant lands by the several States, 
during the continuance of the war, will, in the opinion of Con- 
gress, be attended with great mischiefs : therefore, 

Resolved, That it be earnestly recommended to the State of Vir- 
ginia to reconsider their late act of Assembly for opening their land 
office ; and that it be recommended to the said State, and all other 
States similarly circumstanced, to forbear settling or issuing war- 
rants for unappropriated lands, or granting the same during the con- 
tinuance of the present war. 

On the 7th March, 1780, the delegates from New York presented 



419 

the following act, (which was fully carried into effect by said del^ 
gates in Congress on 1st March, 1781 :) 

AN ACT to facilitate the completion of the Articles of Confederation 
and perpetual Union among the United States of America. 

Whereas nothing under divine Providence can more effectually con- 
tribute to the tranquillity and safety of the United States of America 
than a federal alliance, on such liberal principles as will give satisfaction 
to its respective members : And whereas the Articles of Confederation 
and perpetual Union recommended by the honorable the Congress of the 
United States of America have not proved acceptable to all the States, 
it having been conceived that a portion of the waste and uncultivated 
territory within the limits or claims of certain States ought to be appro- 
priated as a common fund for the expenses of the war : And the people 
of the State of New York being on all occasions disposed to manifest 
their regard for their sister States, and their earnest desire to promote 
the general interest and security, and more especially to accelerate the 
federal alliance, by removing, as far as it depends upon them, the before- 
mentioned impediment to its final accomplishment : 

Be it therefore enacted, b> the people of the State of New York, re- 
presented in Senate and Assembly, and it is hereby enacted, by the au- 
thority of the same. That it shjll and may be lawful to and for the dele- 
gates of this State in the honorable Congress of the United States of 
America, or the major part of such of them as shall be assembled m 
Congress, and they, the said delegates, or a major part of them, so as- 
sembled, a^e hereby fully authorized and empowered, for and on behalf 
of this State, and by propei and authentic acts or instruments, to limit 
and restrict the boundaries of this State, in the western parts thereol", 
by such line or lines, and in such manner and form, as they shall judge 
to be expedient, either with respect to the jurisdiction, as well as the 
right or pre-emption of soil, or reserving the jurisdiction in part, or in 
the whole, over the lands which may be ceded, or relinquished, with .'e- 
spect'only to the right or pre-emption of the soil. 

And be it further enacted by the authority aforesaid. That the terri- 
tory which may be ceded or relinquished by virtue of this act, either 
with respect to the jurisdiction, as well as the right or pre-emption of 
soil, or the right or pre-emption of soil only, shall be and enure for the 
use and benefit of such of the United States as shall become members 
of the federal alliance of the said States, and for no other use or purpose 
whatever. 

And be it further enacted by the authority aforesaid, That all the 

39* 



420 

lands to be ceded and relinquished by virtue of this act, for the benefit 
of the United States, with respect to property, but which shall neverthe- 
less remain under the jurisdiction of this State, shall be disposed of and 
appropriated in such manner only as the Congress of the said States 
shall direct ; and that a warrant under the authority of Congress for sur- 
veying and laying out any part thereof, shall entitle the party in whose 
favor it shall issue to cause the same to be surveyed and laid out and re- 
turned, according to the directions of such warrant ; and thereupon let- 
ters patent, under the great seal of this State, shall pass to the grantee 
for the estate specified in the said warrant ; for which no other fee or re- 
ward shall be demanded or received than such as shall be allowed by 
Congress. 

Provided always, and be it further enacted by the authority aforesaid, 
That the trust reposed by virtue of this act shall not be executed by the 
delegates of this State, unless at least three of the said delegates shall 
be present in Congress. 

STATE OF NEW YORK, ss. 
I do hereby certify that the aforegoing is a true copy of the original 
act passed the 19th of February, 1780, and lodged in the secretary's 
ofHce. 

ROBERT RA'RTVR, Deputy Sec'y of Sxate, 

In view of the premises, the following proceedings 
took place : 

IN CONGRESS OF THE CONFEDERATION. 

Wednesday, September 6, 1780. 

Congress took into consideration the report of the committee to 
whom were referred the instructions of the General Assembly of Mary- 
land to their delegates in Congress, respecting the Articles of Confede- 
ration, and the declaration therein referred to ; the act of the Legislature 
of New York on the same subject, and the remonstrance of the General 
Assembly of Virginia ; which report was agreed to, and is in the words 
following : 

That having duly considered the several matters to them submitted, 
they conceive it unnecessary to examine into the merits or policy of the 
instructions or declarations of the General Assembly of Maryland, or of 
the remonstrance of the General Assembly of Virginia, as they involve 
questions, a discussion of which was declined, on mature consideration, 
when the Articles of Confederation were debated ; nor in the opinion 



421 

of the committee, can such questions be now revived with any prospect 
of conciliation ; that it appears more advisable to press upon those statea 
which can remove the embarrassments respecting the western country, 
a liberal surrender of a portion of their territorial claims, since they can- 
not be preserved entire without endangering the stability of the general 
confederacy ; to remind them how indispensably necessary it is to 
establish the Federal Union on a fixed and permanent basis, and on 
principles acceptable to all its respective members ; how essential to 
public credit and confidence, to the support of our army, to the vigor of 
our councils, and success of our measures ; to our tranquillity at home, 
our reputation abroad, to our very existence as a free, sovereign, and 
independent people ; that they are fully persuaded the wisdom of the 
respective legislatures will lead them to a full and impartial considera- 
tion of a subject so interesting to the United States, and so necessary to 
the happy establishment of the Federal Union ; that they are confirmed 
in these expectations by a review of the before-mentioned act of the 
Legislature of New York, submitted to their consideration ; that this 
act is expressly calculated to accelerate the Federal Alliance, by remov- 
ing, as far as depends on that State, the impediment arising from the 
w^estern country, and for that purpose to yield up a portion of territorial 
claim for the general benefit ; Whereupon, 

Resolved, That copies of the several papers referred 
to the committee be transmitted, with a copy of the 
report, to the legislatures of the several States, and that 
it be earnestly recommended to those States, who have 
claims to the western country, to pass such laws, and give 
their delegates in Congress such powers as may effectually 
remove the only obstacle to a final ratification of the arti" 
cles of Confederation ; and that the Legislature of Mary- 
land be earnestly requested to authorize the delegates in 
Congress to subscribe the said articles. 

IN CONGRESS OF THE CONFEDERATION. 
Tuesday, October 10, 1780. 
Resolved, That the unappropriated lands that may be 
ceded or relinquished to the United States, by any parti- 
cular State, pursuant to the recommendation of Congress 



422 

of the 6th day of September last, shall be disposed of for 
the common benefit of the United States, and be settled 
and formed into distinct republican States, which shall 
become members of the Federal Union, and have the 
same rights of sovereignty, freedom, and independence, 
as the other States : that each State which shall be so 
formed shall contain a suitable extent of territory, not 
less than one hundred nor more than one hundred and 
fifty miles square, or as near thereto as circumstances 
will admit : that the necessary and reasonable expenses 
which any particular State shall have incurred since the 
commencement of the present war, in subduing any 
British posts, or in maintaining forts or garrisons within 
and for the defence, or in acquiring any part of the terri- 
tory that may be ceded or relinquished to the United 
States, shall be reimbursed. 

That the said lands shall be granted or settled at such 
times, and under such regulations, as shall hereafter be 
agreed on by the United States, in Congress assembled, 
or any nine or more of them. 

In pursuance of the recommendation contained in the resolution of 
Congress of the 6th September, 1780, the following States made cessions 
of territory to the United States at the^,dates respectively stated : — 

The State of New York, on March 1, 1781. 

" Virginia « March 1, 178-1, 

" do. " Dec. SO, 1788. By this act Virginia agreed to change 

the conditions of the act of cession of 1784 only so far as to 
ratify the 5th article of the compact or ordinance of 1787, on 
page 420. 

" Massachusetts, on April 19, 1785. 

« Connecticut " September 14, 1786, confirmed May 30, 1800. 

« South Carolina " August 9, 1787. 

«« North Carolina " February 25, 1790. 

« Georgia « AprO 24, 1802. 



423 

For these cessions, &c.. and for the convention between South Caro- 
lina and Georgia, ot 28th April, 1787, see Bioren and Duane's edition of 
the Laws of the United States, Vol. 1. 

In relation to the government of the territory thus acquired by the 
United States, it may be sufficient to say, that the territory ceded by 
each state, except Virginia, was the subject of separate legislation by 
Congress, (as mentioned under the head of each of said States,) first as 
a dependent territory, and afterwards by being admitted into the Union 
as an independent member thereof. 

The North-western Territory, ceded by the Commonwealth of Vir- 
ginia, was the subject of special legislation by the Congress of the Con- 
federation ; first, by the passage of a resolution for its government, on 
the 23d April, 1784, and then by the adoption of an ordinance, whose 
importance renders its insertion here necessary : — 

AN ORDINANCE for the Government of the Territory of the 

United States, north-west of the river Ohio. 

Beit ordained by the United States in Congress assembled, That the 
said territory, for the purposes of temporary government, be one dis- 
trict ; subject, however, to be divided into two districts, as future cir- 
cumstances may, in the opinion of Congress, make it expedient. 

Be it ordained by the authority aforesaid, That the estates both of 
resident and non-resident proprietors in the said territory, dying intes- 
tate, shall descend to and be distributed among their children and the 
descendants of a deceased child in equal parts ; the descendants of a 
deceased child or grandchild to take the share of their deceased parent 
in equal parts among them ; and where there shall be no children or 
descendants, then in equal parts to the next of kin, in equal degree ; and 
among collaterals, the children of a deceased brother or sister of the 
intestate shall have in equal parts among them their deceased parent's 
share ; and there shall in no case be a distinction between kindred of 
the whole and half blood ; saving in all cases to the widow of the intes- 
tate her third part of the real estate for life, and one-third part of the 
personal estate ; and this law relative to descents and dower shall re- 
main in full force until altered by the legislature of the district. And 
until the governor and judges shall adopt laws as hereinafter mentioned, 
estates in the said territory may be devised or bequeathed by wills in 
writing, signed and sealed by him or her in whom the estate may be, 
(being of full age,) and attested by three witnesses ; and real estates may 
be conveyed by lease and release, or bargain and sale, signed, sealed, 
and delivered by the person, being of full age, in whom the estate may 



424 

be, and attested by two witnesses, provided such wills be duly proved, 
and such conveyances be acknowledged, or the execution thereof duly 
proved, and be recorded within one year after proper magistrates, courts, 
and registers shall be appointed for that purpose ; and personal property 
may be transferred by delivery, saving, however, to the French and Ca- 
nadian inhabitants, and other settlers of the Kaskaskies, Saint Vincent's, 
and the neighboring villages, who have heretofore professed themselves 
citizens of Virginia, their laws and customs now in force among them 
relative to the descent and conveyance of property. 

Be it ordained by the authority aforesaid, That there shall be appointed 
from time to time, by Congress, a governor, whose commission shall 
continue in force for the term of three years, unless sooner revoked by 
Congress ; he shall reside in the district, -and have a freehold estate 
therein, in one thousand acres of land, while in the exercise of his office. 

There shall be appointed from time to time, by Congress, a secretary, 
whose commission shall continue in force for four years, unless sooner 
revoked; he shall reside in the district, and have a freehold estate 
therein, in five hundred acres of land, while in the exercise of his office. 
It shall be his duty to keep and preserve the acts and laws passed by the 
legislature, and the public records of the district, and the proceedings of 
the governor in his executive department, and transmit authentic copies 
of such acts and proceedings every six months to the secretary of Con- 
gress. There shall also be appointed a court, to consist of three judges, 
any two of whom to form a court, who shall have a common-law juris- 
diction, and reside in the district, and have each therein a freehold 
estate in five hundred acres of land, while in the exercise of their offices ; 
and their commissions shall continue in force during good behavior. 

The governor and judges, or a majority of them, shall adopt and pub- 
lish in the district such laws of the original States, criminal and civil, aa 
may be necessary and best suited to the circumstances of the district, 
and report them to Congress from time to time, which laws shall be m 
force in the district until the organization of the General Assembly 
therein, unless disapproved of by Congress ; but afterwards, the legisla- 
ture shall have authority to alter them as they shall think fit. 

The governor, for the time being, shall be commander-in-chief of the 
militia, appoint and commission all officers in the same below the rank 
of general officers ; all general officers shall be appointed and commis- 
sioned by Congress. 

Previous to the organization of the General Assembly, the governor 
shall appoint such magistrates and other civil officers, in each county or 
township, as he shall find necessary for the preservation of the peace and 



425 

good order in the same. After the General Assembly shall be organ- 
ized, the powers and duties of magistrates and other civil officers shall 
be regulated and defined by the said Assembly ; but all magistrates and 
other civil officers, not herein otherwise directed, shall, during the con- 
tinuance of this temporary government, be appointed by the governor. 

For the prevention of crimes and injuries, the laws to be adopted or 
made shall have force in all parts of the district, and for the execution 
of process, criminal and civil, the governor shall make proper divisions 
thereof; and he shall proceed from time to time, as circumstances may 
require, to lay out the parts of the district in which the Indian titles 
shall have been extinguished into counties and townships, subject, how- 
ever, to such alterations as may thereafter be made by the legislature. 

So soon as there shall be five thousand free male inhabitants, of full 
age, in the district, upon giving proof thereof to the governor, they shall 
receive authority, with time and place, to elect representatives from 
their counties or townships, to represent them in the General Assembly ; 
provided that, for every five hundred firee male inhabitants, there shall 
be one representative, and so on progressively with the number of free 
male inhabitants shall the right of representation increase, until the 
number of representatives shall amount to twenty-five, after which the 
number and proportion of representatives shall be regulated by the legis- 
lature ; provided that no person be eligible or qualified to act as a repre- 
sentative unless he shall have been a citizen of one of the United States 
three years, and be a resident in the district, or unless he shall have 
resided in the district three years, and in either case shall likewise hold 
in his own right, in fee -simple, two hundred acres of land within the 
same : Provided also, that a freehold in fifty acres of land in the district, 
having been a citizen of one of the States, and being resident in the dis- 
trict, or the like freehold and two years' residence in the district, shall 
be necessary to qualify a man as an elector of a representative. 

The representatives thus elected shall serve for the term of two years, 
and, in case of the death of a representative, or removal fi-om office, 
the governor shall issue a writ to the county or township, for which he 
was a member to elect another in his stead, to serve for the residue of 
the term. 

The General Assembly, or Legislature, shall consist of tne governor, 
legislative council, and a house of representatives. The legislative 
council shall consist of five members, to continue in office five years, 
unless sooner removed by Congress, any three of whom to be a quorum, 
and the members of the council shall be nominated and appointed in the 
following manner, to wit : As soon as representatives shall be elected. 



426 

the governor shall appoint a time and place for them to meet together, 
and, when met, they shall nominate ten persons, residents in the district, 
and each possessed of a freehold in five hundred acres of land, and return 
their names to Congress ; five of whom Congress shall appoint and com- 
mission to serve as aforesaid ; and whenever a vacancy shall happen in 
the council, by death or removal from office, the house of representatives 
shall nominate two persons, qualified as aforesaid, for each vacancy, and 
return their names to Congress ; one of whom Congress shall appoint 
and commission for the residue of the term ; and every five years, four 
months at least before the expiration of the time of service of the mem- 
bers of council, the said house shall nominate ten persons, qualified as 
aforesaid, and return their names to Congress, five of wh^m Congress 
shall appoint and commission to serve as members of the council five 
years, unless sooner removed. And the governor, legislative council, 
and house of representatives, shall have authority to make laws, in all 
cases, for the good government of the district, not repugnant to the 
"principles and articles in this ordinance established and declared. And 
all bills, having passed by a majority in the house, and by a majority in 
the council, shall be referred to the governor for his assent : but no bill 
or legislative act whatever, shall be of any force without his assent. 
The governor shall have power to convene, prorogue, and dissolve the 
General Assembly, when in his opinion it shall be expedient. 

The governor, judges, legislative council, secretary, and such other 
officers as Congress shall appoint in the district, shall take an oath or 
affirmation of fidelity, and of office ; the governor before the president 
of Congress, and all other officers before the governor. As soon as a 
legislature shall be formed in the district, the council and house assem- 
bled, in one room, shall have authority, by joint ballot, to elect a dele- 
gate to Congress, who shall have a seat in Congress, with a right of de- 
bating, but not of voting during this temporary government. 

And for extending the fundamental principles of civil and religious 
liberty, which form the basis whereon these republics, their laws, and 
constitutions are erected ; to fix and establish those principles as the 
basis of all laws, constitutions, and governments, which for ever here- 
after shall be formed in the said territory ; to provide, also, for the esta- 
blishment of States, and permanent government therein, and for their 
admission to a share in the federal councils on an equal footing with 
the original States, at as early periods as may be consistent with 
the general interest : 

It is hereby ordained and declared, by the authority aforesaid, That the 
*')llowing articles shall be considered as articles of compact, between tho 



427 

original States and the people and States in the said «i '"toiy, and for 
ever remain unalterable, unless by common consent, 'o wit : 

Art. 1. No person, demeaning himself in a peaceable and orderly 
manner, shall ever be molested on account of his mode of worship or 
rehgious sentiments, in the said territory. 

Art. 2. The inhabitants of the said territory shall always be entitled 
to the benefits of the writ of habeas corpus, and of the trial by jury ; 
of a proportionate representation of the people in the legislature, and 
of judicial proceedings according to the course of the common law. All 
persons shall be bailable, unless for capital offences, where the proof shall 
be evident, or the presumption great. All fines shall be moderate, and no 
cruel or unusual punishments shall be inflicted. No man shall be de- 
prived of his liberty or property, but by the judgment of his peers, or 
the law of the land, and should the public exigencies make it necessary, 
for the common preservation, to take any person's property, or to de- 
mand his particular services, full compensation shall be made for the 
same. And, in the just preservation of rights and property, it is under- 
stood and declared, that no law ought ever to be made, or have force in 
the said territory, that shall, in any manner whatever, interfere with, or 
affect private contracts or engagements, bona fide, and without fraud 
previously formed. 

Art. 3. Religion, morality, and knowledge, being necessary to good 
government, and the happiness of mankind, schools and the means of 
education shall for ever be encouraged. The utmost good faith shall 
always be observed towards the Indians ; their lands and property shall 
never be taken from them without their consent ; and in their property, 
rights, and liberty, they never shall be invaded or disturbed, unless in 
just and lawful wars authorized by Congress ; but laws founded in jus- 
tice and _ humanity shall, fi-om time to time, be made, for preventing 
wrongs being done to them, and for preserving peace and friendship with 
them. 

Art. 4. The said territory, and the States which may be formed 
therein, shall for ever remain a part of this confederacy of the United 
States of America, subject to the Articles of Confederation, and to such 
alterations therein as shall be constitutionally made ; and to all the acts 
and ordhiances of the United States, in Congress assembled, conformable 
thereto. The inhabitants and settlers in the said territory shall be sub- 
ject to pay a part of the federal debts, contracted or to be contracted, and 
a proportional part of the expenses of government, to be apportioned on 
them by Congress, according to the same common rule and measure by 

which apportionments thereof shall be made on the other States; and 

40 



428 

the taxes for paying their proportio7i shall be laid and levied by the au- 
thority and direction of the legislatures of the district or districts, or new 
States, as in the original States, within the time agreed upon by the 
United States, in Congress assembled. The legislatures of those dis- 
tricts, or new States, shall never interfere with the primary disposal of 
the soil by the United States, in Congress assembled, nor with any regu- 
lations Congress may find necessary, for securing the title in such soil, 
to the bona fide purchasers. No tax shall be imposed on lands, the pro- 
perty of the United States ; and in no case shall non-resident proprietors 
be taxed higher than residents. The navigable waters leading into the 
Mississippi and St. Lawrence, and the carrying places between the 
same, shall be common highways, and for ever free, as well to the inha- 
bitants of the said territory as to the citizens of the United States, and 
those of any other States that may be admitted into the Confederacy, 
without any tax, impost, or duty therefor. 

Art. 5. There shall be formed in the said territory, not less than 
three, nor more than five States ; and the boundaries of the States, as 
soon as Virginia shall alter her act of cession, and consent to the same, 
shall become fixed and established as follows, to wit : the western State 
:n the said territory, shall be bounded by the Mississippi, the Ohio, and 
Wabash rivers ; a direct line drawn from the Wabash and Post Vincents, 
due north, to the territorial line between the United States and Canada; 
tnd by the said territorial line to the Lake of the Woods and Mississippi. 
The middle States shall be bounded by the said direct line, the Wabash, 
irom Post Vincents to the Ohio, by the Ohio, by a direct line drawn 
due north from the mouth of the Great Miami to the said territorial line, 
and by the said territorial line. The eastern State shall be bounded by 
the last-mentioned direct line, the Ohio, Pennsylvania, and the said 
territorial line : provided, however, and it is further understood and de- 
clared, that the boundaries of these three States shall be subject so far 
to be altered, that, if Congress shall hereafter find it expedient, they 
shall have authority to form one or two States in that part of the said 
territory which lies north of an east and west line drawn through the 
southerly bend or extreme of Lake Michigan. And whenever any of the 
said States shall have sixty thousand free inhabitants therein, such State 
shall be admitted, by its delegates, into the Congress of the United 
States, on an equal footing with the original States, in all respects what- 
ever ; and shall be at liberty to form a permanent constitution and State 
government ; provided the constitution and government, so to be form- 
ed, shall be republican, and in conformity to the principles contained in 
fhese articles • and, so far as can be consistent with the general interest 



429 

of the Confederacy, such admission shall be allowed at an earlier period, 
and when there may be a less number of free inhabitants in the State 
than sixty thousand. 

Art. 6. There shall be neither slavery nor involuntary servitude in 
the said territory, otherwise than in the punishment of crimes, whereof 
the party shall have been duly convicted ; provided, always, that any 
person escaping into the same, from whom labor or service is lawfully 
claimed in any one of the original States, such fugitive may be lawfully 
reclaimed, and conveyed to the person claiming his or her labor or ser ■ 
vice as aforesaid. 

Be it ordained by the authority aforesaid. That the resolutions of the 
23d of April, 1784, relative to the subject of this ordinance, be, and the 
same are hereby, repealed, and declared null and void. 

Done by the United ,States, in Congress assembled, the 13th day of 
July, in the year of our Lord 1787, and of their sovereignty and 
independence the 12th. CHARLES THOMSON, Sec'y. 

For a history of this ordinance by Peter Force, see Nat. Intelligencer, Aug. 26, 1817. 

LOUISIANA, 

Formed out of part of the territory ceded to the United States by France, by 
treaty of April 30, 1803. 

On October 31, 1803, an act to enable the President of the United States to 
take possession of the territories ceded by France to the United States, by the 
treaty concluded at Paris on the 30th of April last, and for the temporary govern- 
ment thereof, was passed and approved. 

Louisiana was erected into two territories by act of Congress, approved March 
26, 1804; one called the Territory of Orleans, and the other called the District 
of Louisiana. 

An act further providing for the government of the Orleans territory, was ap- 
proved March 2, 1S05, which authorized the people to form a constitution and 
State government when their number should amount to 60,000. 

A memorial of the Legislature of the territory of Orleans on behalf of the in- 
habitants, (see folio State Papers, " Miscellaneous," vol. 2, p. 51,) was presented in 
Senate United States. (See Journal, March 12, 1810.) 

An act to enable the people of the territory of Orleans to form a constitution 
and Slate government, &c., by which that State was allowed one Representative 
until the next census, was passed and approved February 20, 1811. The said peo- 
ple having, on January 22, 1812, formed a constitution and State government, and 
given the State the name of Louisiana, in pursuance of the said act, an act for 
tlie admission of the State of Louisiana into the U^'-on, and to extend the laws of 
the United States to the said State, was passed and approved, April 8, 1813. 

On May 22, 1812, an act supplemental to the act of April 8, 1312, was ap 
proved. 



430 

INDIANA, 

Formed out of a part of the North-western Territory which was ceded to the 
United States by Virginia. (See remarks under "Ohio.") 

The territory established by act of May 7, 1800. 

The territory divided into two separate governments, and that of JVIichigan 
created by act of January 11, 1805. 

The territory again divided into two separate governments, and that of Illinois 
created by act of February 3, 1809. 

The Legislature of the territory, on behalf of the people, applied to be enabled 
to for m a constitution, &c. (See Journal of House of Representatives, December 28, 
1815, and January 5, 1816 ; also folio State Papers, " Miscellaneous," vol. 2, p. 277.) 

An act to enable the people of the Indiana territory to form a constitution and 
State government, &c., by which that State was allowed one Representative, was 
passed April 19, 1816. 

The said people having, on June 29, 1816, formed a constitution, &c., a joint 
resolution for admitting the State of Indiana into the Union was passed and ap- 
proved, Decemlber 11, 1816. 

The laws of the United States extended to the State of Indiana, by act of Marcn 
3, 1817. 

MISSISSIPPI, 

Formed out of a part of the territory ceded to. the United States by the commis- 
sioners of the State of South Carolina, on August 9, 1787, under the act of South 
Carolina of March 8, 1787, and by those of the State of Georgia, April 24, 1802, 
which w^as ratified by the Legislature of Georgia, on June 16, 1802. (For these 
cessions, &c., and for the convention between South Carolina and Georgia of 
April 28, 1787, see Bioren and Duane's edit. Laws, vol. 1, pp. 466, 467, 486 to 491.) 

The government of the territory established by act of Congress of April 7, 1793. 

Limits settled and government established by act of Congress of May 10, 1800. 

Territory on the north added to the Mississippi territory, by act of Congress of 
March 27, 1804. 

The boundaries enlarged on the south, by act of Congress of May 14, 1812. 

A joint resolution of Congress "requesting the State of Georgia to assent to the 
formation of two States of the Mississippi territory," was passed and approved, 
June 17, 1812. 

A motion was made in House of Representatives of the United States to inquire 
mto the expediency of admitting Mississippi into the Union, December 28, 1810. 
Reported on by committee, January 9, 1811. (Vide folio State Papers, " Miscella- 
neous," vol. 2, p. 129.) 

A petition from the inhabitants of Mississippi, that it be made a State, &c., pre- 
sented in House of Representatives, November 13, 1811. Reported on by com- 
mittee of House of Representatives, December 17, 1811. (Vide folio State Papers, 
" Miscellaneous," vol. 2, p. 163.) 

Bill passed House of Representatives. Report adverse in Senate, April 17, 
1 S12, and bill postponed. (Vide same book, p. 182.) 

A memorial presented in House of Representatives, January 21, 1815- Re- 
ported on February 23, 1815. (Vide same book, p. 274.) 



4S1 

A memorial presented in House of Representatives, December 6, 1815. Re« 
ported on December 29, 1815. (Vide same book, p. 276.) 

A memorial presented in House of Representatives, December 9, 1816. Re- 
ported on December 23, 1816. (Vide same book, p. 407.) Reported on January 
17, 1817. (Vide same book, p. 416.) 

An act to enable the people of the western part of the Mississippi territory to 
form a constitution and State government, &c., was passed and approved on 
March 1, 1817, by which the State w^as to have one Representative until the next 
census. 

The said people having, on August 15, 1817, formed a constitution, &c., a joint 
resolution for the admission of the State of Mississippi into the Union was passed 
and approved, Decemlier 10, 1817. 

On Aprils, 1818, an act to provide for the due execution of the laws of the 
United States within the State of Mississippi, was approved. 

ILLINOIS, 

Formed out of a part of the North-western Territory which was ceded to the 
United States by the State of Virginia. (See remarks under "Ohio.") (For pro- 
clamation of General Gage respecting the country of Illinois, made December 30, 
1764, see Bioren and Duane's edit. Laws, vol. 1, p. 506.) 

An act for dividing the Indiana territory into two separate governments, and 
organizing the Illinois territory, was passed and approved February 3, 1809. 

An act to amend the act of April 16, 1814, extending the western boundary of 
Illinois to the-middle of the Mississippi, to include the islands between the middle 
and eastern margin of that river, was passed and approved, February 27, 1815. 

A memorial of the legislative council, to be allowed to form a State govern- 
ment, &c., presented in House of Representatives, January 16, 1818. 

An act to enable the people of the Illinois territory to form a constitution and 
State government, and authorizing one Representative in Congress, &c., was 
passed and approved April 18, 1818. (By this act a part of the territory of Illi- 
nois was attached to the territory of Michigan.) 

The said people having, on August 26, 1818, formed a constitution, &c., a Joint 
resolution declaring the admission of the State of Illinois into the Union was 
passed and approved. Deceni'ber 3, 1818. 

An act to provide for the due execution of the laws of the United States within 
the State of Illinois, was passed and approved March 3, 1819. 

ALABAMA, 

Formed out of a part of the territory ceded to the United States by the States 
of South Carolina and Georgia. (See remarks under the head "Mississippi.") 

The eastern part of Mississippi territory made a separate territory, and called 
"Alabama," by act of Congress, approved March 3, 1817. 

A petition of the legislative council of Alabama on behalf of the people, pray 
nig to be allowed to form a constitution, &c., presented in the House of Repre- 
sentatives, December 7, 1818. 

An act 'o enable the people of the Alabama territory to form a constitution and 

40* 



432 

State government, &c., authorizing one Representative in Congress, waa passed 
and approved, JMarch 2, 1819. 

The said people having, on August 2, 1S19, formed a constitution, &c., a joint 
resolution declaring the admission of the State of Alabama into the Union was 
passed and approved, December 14:, 1819. 

The laws of the United States were extended to the State of Alabama by act 
of April 21, 1820, to establish a District Court, &c. 

MAINE, 

Formed out of a part of the territory of Massachusetts, 

A petition of a Convention on behalf of the people of the district of IMaine, pray^ 
ing to be permitted to form a separate State, was presented in the House of Re- 
presentatives of the United States, December 8, 1819. 

A constitution adopted in Convention, October 29, 1819. 

An act for the admission of the State of IVIaine into the Union, was passed and 

i-ioved March 3, 1820, in the following words : — 

"Whereas, by an act of the State of Massachusetts, passed on the 19th day of 
June, in the year 1819, entitled, 'An act relating to the separation of the district 
of Maine from Massachusetts proper, and forming the same into a separate and 
aidependent State,' the people of that part of Massachusetts heretofore known as 
the district of Maine, did, with the consent of the Legislature of said State of 
Massachusetts, form themselves into an independent State, and did establish a 
constitution for the government of the same, agreeably to the provisions of the 
said act: Therefore, 

" Be it enacted by the Senate and House of Representatives of the United States of 
America in Congress assembled, That, from and after the 15tli day of Marcllj 
in tlie year 1830, the State of Maine is hereby declared to be one of the 
United States of America, and admitted into the Union on an equal footing with 
the original States, in all respects whatever." 

On the 7th April, 1820, the following act was passed and approved: 

" AN ACT for apportioning the Representatives in the seventeenth Congress, to 
be elected in the State of Massachusetts and Maine, and for other purposes. 

" Be it enacted by ike Senate and House of Representatives of the United States 
of America in Congress assembled, That, in the election of Representatives in the 
seventeenth Congress, the State of Massachusetts shall be entitled to choose thir- 
teen Representatives only ; and the State of Maine shall be entitled to choose 
seven Representatives, according to the consent of the Legislature of said Stata 
of Massachusetts, for this purpose given, by their resolve passed on the 25th day 
of January last, and prior to the admission of the State of Maine into the Union. 

" Sec. 2. And be it further enacted^ That, if the seat of any of the Representatives 
i.n the present Congress, who were elected in and under the authority of the State 
of Massachusetts, and who are now inhabitants of the State of Maine, shall be 
vacated by death, resignation, or otherwise, such vacancy shall be s»'pplied by a 
successor who shall, at the time of his election, be an inhabitant ot the State of 
Maine." 



438 



MISSOURI, 

Was formed out of part of the territory ceded by France by treaty of April 30 
1803. It was created under the name of the district of Louisiana by the "Act 
erecting Louisiana into two territories, and providing for the temporary govern- 
ment thereof," which was approved March 26, 1S04. By this act the government 
of this district was placed under the direction of the Governor and judges of the 
Indiana territory. 

On the 3d March, 1805, an act further providing for the government of the dis' 
trict of Louisiana was approved. By this act a separate government was formed, 
under the title of the territory of Louisiana. 

An act providing for the government of the territory of Missouri was passed 
and approved June 4, 1812, by which it was provided " That the territory hereto- 
fore called Louisiana shall hereafter be called Missouri," &c. 

An act to alter certain parts of the act providing for the government of the ter- 
ntory of Missouri was passed and approved April 29, 1816. 

An act establishing a separate territorial government in the southern part of the 
territory of Missouri, to be called Arkansas territory, was passed the 2d March, 
1819. 

A memorial of the legislative council and House of Representatives of the ter- 
ritory of Missouri, in the name and on behalf of the people, for admission into the 
Union as a State, was presented in the Senate on December 29, 1819. 

An act to authorize the people of the Missouri territory to form a constitution 
and State government, and for the admission of such State into the Union on an 
equal footing with the original States, and to prohibit slavery in certain territories, 
was passed March 6, 1820. 

The people having, on July 19, 1820, formed a constitution in pursuance of *?aid 
act, the same was laid before Congress on November 16, 1820. Mr. Lowndes, 
from the committee to which it was referred, made a report to the House of Repre- 
sentatives, November 23, 1820, accompanied by a " Resolution declaring the admis- 
sion of the State, of Missouri into the Union." (Vide folio State Papers, " Miscella- 
neous," vol. 2, p. 625.) 

The Senate passed a joint " Resolution declaring the admission of the State of 
Missouri into the Union," on December 12, 1820, which was referred to a select 
committee in the House of Representatives, and on February 10, 1821, Mr. Clay 
made a report. (Vide folio State Papers as above, p. 655.) The House rejected the 
resolution of the Senate, on February 14, 1821. On February 22, on motion of Mr. 
Clay, a committee on the part of the House was appointed, to join a committee on 
the part of the Senate, on the subject of the admission of Missouri. 

On February 26, Mr. Clay, from the joint committee, reported a " Resolution 
providing for the admission of the State of Missouri into the Union, on a certain 
condition," which resolution was passed and approved March 2, 1821. The said 
condition was accepted by the Legislature of Missouri by "A solemn public act, 
declaring the assent of this State" to " the fimdamental condition" contained in a 
resolution passed by the Congress of the United States, providing for the admis- 
sion of the State of Missouri into the Union, on a certain condition, which was 
approved by the Governor on June 26, 1821. 



434' 

On August 10, 1831, the President of the United States issued his procla- 
mation declaring- the admission of Missouri complete according to law. (See Little 
& Brown's edit. Laws, vol. 3, appendix 2.) 

On March 16, 1822, an act to provide for the due execution of the laws of the 
United States within the State of Missouri, &c., wa^ passed and approved. 

ARKANSAS, 

Formed out of part of the territory ceded to the United States by France, by 
treaty of April 30, 1803. (See remarks under the head of Missouri.) 

An act establishing a separate territorial government in the southern part of the 
territory of Missouri, was passed March 2, 1819, by which it was named Arkansas 

An act relative to the Arkansas territory, declaring that the act of June 4,1812, 
for the government of Missouri, as modified by the act of April 29,1816, should be 
in force in Arkansas, was passed April 21, 1820. 

An act to fix the western boundary line of the territory of Arkansas, and for 
ether purposes, was passed May 26, 1824. 

An act to run and mark a line dividing Arkansas from Louisiana was passed 
and approved May 19, 1828. 

A memorial of the inhabitants, by a convention, praying that Arkansas may be 
admitted into the Union, accompanied by a constitution formed by said conven- 
tion, was presented in the House of Representatives on March 1, 1836. (See 
printed documents. House of Representatives, 1st session, 24th Congress, vol. 4, 
Nos. 133, 144-5.) The proceedings of said convention were also communicated to 
the House of Representatives through the President of the United States on 
March 10, 1836. (See said printed documents, vol. 4, No. 164.) 

" An act for the admission of the State of Arkansas into the Union, and to pro- 
vide for the due execution of the laws of the United States within the same, and 
for other purposes," was passed Jwiie 15, 1836, containing the following pre- 
amble, viz. : 

"Whereas, the people of the territory of Arkansas did, on the 30th day of Janu- 
ary, in the present year, by a convention of delegates called and assembled for 
that purpose, form for themselves a constitution and state government, which 
constitution and state government, so formed, is republican : And whereas, the 
number of inhabitants within the said territory exceeds forty-seven thousand 
seven hundred persons, computed according to the rule prescribed by the Consti- 
tution of the United States; and the said convention have, in their behalf, asked 
the Congress of the United States to admit the said territory into the Union as a 
State, on an equal footing with the original States." 

By this act Arkansas was allowed one Representative until the next census, 
and the laws of the United States were extended over the same. 

On June 23, 1836, an act supplemental to the foregoing act was passed and ap- 
proved. 

MICHIGAN, 

Formed out of part of the territory ceded to the United States by the State of 
Virginia. (See remarks under "Ohio.") 

An act to divide the Indiana territory into two separate governments, and 



435 

establishing that of the territory of Michigan, was passed and approved January 
11, 1305. 

An act to authorize the President of the United States to ascertain and de- 
signate certain boundaries, was passed and approved May 20, 1812, by which 
the boundary between Ohio and Michigan was directed to be ascertained and 
marked. 

By the act of April 18, 1818, to enable the people of Illinois to form a constitu- 
tion and Stale government, &c., a part of that territory was attached to the terri- 
tory of Michigan. 

An act to amend the ordinance and acts of Congress for the government of the 
territory of Michigan, and for other purposes, was passed and approved March 3, 
1823. 

An act in addition to the above act, passed and approved February 5, 1825. 

An act to provide for the taking of certain observations preparatory to the ad- 
justment of the northern boundary line of the Slate of Ohio, was passed and ap- 
proved July 14, 1S32. 

A memorial of the legislative council, praying that Michigan be admitted into 
the Union, was presented in Senate, January 25, 1833. (See Senate documents, 
2d session, 22d Congress, vol. 1, No. 54.) A bill for that object was reported in the 
House of Representatives, on February 26, 1833. 

A memorial for admission was presented in House of Representatives, Decem- 
ber 11, 1833, and in Senate, February 28, 1834. (See documents House of Repre- 
sentatives, 1st session, 23d Congress, vol. 3, No. 168, vol. 4, Nos. 245, 302.) 

A report was made by a select committee of the House of Representatives on 
the subject of boundary, &c., on March 11, 1834. (See reports of committees of 
House of Representatives, 1st session, 23d Congress, vol. 3, No. 334.) This report 
was accompanied by a bill to provide for taking a census or enumeration of the 
inhabitants of the eastern division of tiie territory of Michigan, and of the terri- 
tory of Arkansas. 

And on April 12, 1834, the same committee reported a bill establishing the terri- 
torial government of Huron. 

An act to attach the territory of the United States west of the Mississippi river, 
and north of the State of Missouri, to the territory of Michigan, was passed and 
approved June 28, 1834. 

A memorial w^as presented in the Senate, December 23d, and House of Repre- 
sentatives, December 29, 1834, for the erection of "Wisconsin" into a separate 
government. (See documents House of Representatives, 2d session, 23d Congress, 
vol. 2, Nos. 34, 47.) 

Resolutions of the legislative council of Michigan, relative to boundary with 
Ohio, presented in House of Representatives, January 3, 1835. (See said vol. 2, 
No. 53.) 

A memorial of legislative council of Michigan, relative to southern boundary 
thereof, presented in House of Representatives, March 2, 1835. (See saia docu- 
ments, vol. 5, No. 183.) 

Two maps prepared under resolution House of Representatives of June 11, 
1834. (See said documents, vol. 5, No. 199.) 

Two messages to Congress by the President of the United States, with docu 



436 

ments relating to the boundaries and the admission of Michigan into the Union, 
■were received on December 10, 1835. (See Senate documents, 1st session, 24th 
Congress, vol. 1, Nos. 5 and 6.) 

A message from the President to Congress with documents and map relating to 
the boundary betw^een Ohio and Michigan, was received January 12, 1S36. (See 
Senate documents as above, vol. 2, No. 51.) 

A report was made by a committee of the Senate on the subject of the boundary 
line, accompanied by a map, on March 1, 1836. (See Senate documents as above, 
vol. 3, No. 211.) 

A report was made by a committee of the House of Representatives, on March 
2, 1836, on the subject of admission, boundary, &c., (communicating a large col- 
lection of documents relating to the entire subject.) (See Reports of committees, 
House of Representatives, 1st session, 24th Congress, vol. 2, No. 380.) 

" An act to establish the northern boundary line of the State of Ohio, and to pro- 
vide for the admission of the State of Michigan into the Union, upon the conditions 
therein expressed," was passed June 15, 1836. By this act Michigan was autho- 
rized to send one Representative to Congress, until the next census. An act sup- 
plementary to the said act was passed June 23, 1836. 

An act to provide for the due execution of the laws of the United States within 
the State of Michigan, was passed Julyl, 1836. 

An act to admit the State of Michigan into the Union, upon an equal footing 
with the original States, was passed January 36j ISSTj containing the fol- 
lowing preamble, viz. : 

"Whereas, in pursuance of the act of Congress of June 15, 1836, entitled, 'An 
act to establish the northern boundary of the State of Ohio, and to provide for the 
admission of the State of Michigan into the Union upon the conditions therein ex- 
pressed,' a convention of Delegates, elected by the people of the said State of 
Michigan, for the sole purpose of giving their assent to the boundaries of the said 
State of Michigan as described, declared, and established, in and by the said act, 
did, on December 15, 1836, assent to the provisions of said act. Therefore, 

" Be it enacted, Sec, That the State of Michigan shall be one, and is hereby de- 
clared to be one, of the United States of America, and admitted into the Union on 
an equal footing with the original States, in all respects whatever." 

An act to ascertain and designate the boundary line between the State of Michi- 
gan and the territory of Wisconsin, was passed and approved June 12, 1838. 

FLORIDA, 

Formed out of the territory ceded by Spain to the United States, by treaty of 
February 22, 1819. 

The boundaries of East and West Florida in the hands of the British government, 
October 7, 1763. (See vol. 1, Laws United States, Bioren and Duane's edit., p. 444.) 

The boundaries of West Florida, as changed by the British government, June 
6, 1764. (See said volume, p. 450.) 

A resolution and several acts of Congress were passed to enable the President 
of the United States to take possession of the Floridas under certain contingen 
cies, at the following dates, viz. : 



437 

A resolution, January 15, 1811, Laws United States, vol. 6, p. 592. 
An act, do. do. do. 592. 

An act, March 3, 1811. do. do. 593. 

An act, February 12, 1813, do. do. 593. 

An act to authorize the President of the United States to take possession of East 
and West Florida, and establish a temporary government therein, was passed 
March 3, 1S19. 

An act for carrying into execution the treaty between the United States and 
Spain, concluded at Washington, on February 22, 1819, was passed March 3, 1S21. 

Ratification of the treaty and exchange of ratifications, February 22, 1521. 
(Laws United States, vol. 6, p. 631.) 

Copies of grants of lands annulled by said treaty, (Same vol. p. 632 — 37.) 

Articles of surrender of East Florida to the United States on July 10, 1821. 
(Same vol. p. 638.) 

Article of surrender of West Florida to the United States on July 17, 1821. 
(Same vol. p. 639.) 

Proclamation of General Jackson as governor, assuming authority over the said 
territories in the name of the United States, July 17, 1821. (Same vol. p. 641.) 

An act for the establishment of a territorial government in Florida was passed 
March 30, 1822. 

An act to amend " An act for the establishment of a territorial government in 
Florida," and for other purposes, was passed March 3, 1823. By this act East and 
West Florida were constituted one territory. 

An act to amend the act of March 3,1823, was passed and approved May 26, 
1824. 

An act to authorize the President of the United States to run and mark a line 
dividing the territory of Florida from the State of Georgia, Avas passed and ap- 
proved May 4, 1826. » 

An act to amend the several acts for the establishment of the territorial govern- 
ment in Florida, was passed and approved May 15, 1826. 

An act relating to the territorial government of Florida, passed and approved 
April 23, 1623. 

An act to ascertain and mark the line between the State of Alabama and the 
territory of Florida, and the northern boundary of the State of Illinois, and for 
other purposes, was passed March 2, 1831. 

A memorial of the people of Florida, proceedings of a convention, constitution, 
&c., presented to House of Representatives, February 20, 1839. (See documents 
House of Representatives, 3d session, 25th Congress, vol. 4, No. 208.) 

A memorial of the inhabitants of St. Augustine, in Florida, that a law be passed 
to organize a separate territorial government for that part of Florida east of the 
Sawanee river, was presented in Senate, January 10, 1840. (See Senate docu- 
ments, 1st session, 26th Congress, vol. 3, No. 67.) 

A memorial of the people of Florida praying admission into the Union, was 
presented in Senate, February 12, 1S40. 

A bill to authorize the people of Middle and West Florida to form a constitution 
and State government, and to provide for the admission of said State into tbo 
Union, was reported in House of Representatives, March 5, 1840. 



438 

Resolutions by the Senate of Florida adverse to the division of that territory, 
were presented in the Senate of the United States, on March 6, 1840. 

Resolutions of the Legislature of Florida for admission and against division, 
were presented in Senate of United States, March 11, and in House of Repre- 
sentatives, March 16, 1840. 

A bill for the admission of Florida into the Union on certain conditions, and 
a bill for the division of Florida, and the future admission of the States of East 
and West Florida, on certain conditions, were reported in Senate, July 2, 1840. 

The memorial for admission and the constitution again presented in House of 
Representatives, May 9, 1842. (See documents House of Representatives, 2d 
session, 27th Congress, vol. 4, No. 206.) 

Memorials of citizens of Florida for the admission of that territory into the 
Union, presented in the Senate, July 15 and 21, August 10, 13, 15, 17, and 30, 1842. 

Resolutions of the legislative council of Florida for a division of that Territory 
and the formation of two territorial governments, were presented to Congress 
March 26, 1844. 

On June 17, 1S44, the following resolution was reported in the Senate : Re- 
solved, That the prayer of the memorialists ought not to be granted. 

On same day, a report adverse to a division of the Territory was made. (See 
reports of committee, House of Representatives, 1st session, 28th Congress, vol. 
3, p. 577.) 

Resolutions of the legislative council for dividing the Territory again presented 
in House of Representatives, December 30, 1844. 

A bill for the admission of the States of Iowa and Florida into the Union was 
reported January 7, 1845. 

Resolutions of the legislative council of Florida, for the admission of Florida at 
the same time with Iowa, were presented in House of Representatives, February 
11, 1845. (See documents House of Representatives, 2d session, 2Sth Congress, 
vol. 3, No. 111.) 

An act for the admission of the States of Iowa and Florida into the Union was 
passed on Marcli 3, 1 84:5, containing the following preamble, viz.: 

Whereas the people of the Territory of Iowa did, on the seventh day of Octo- 
ber, 1844, b}^ a convention of delegates called and assembled for that purpose, 
form for themselves a constitution and State government ; and whereas the peiople 
of the Territory of Florida did, in like manner, by their delegates on the 11th 
driy of January, 1839, form for themselves a constitution and State government, 
Loth of which said constitutions are republican ; and said conventions having 
asked the admission of their respective Territories into the Union as States, ou 
equal footing with the original States : 

Be it enacted, S^'C, That the States of Iowa and Florida be, and the same are 
hereby, declared to be States of the United States of Ameriaa, and are hereby 
admitted into the Union on equal footing with the original States, in all respects 
whatsoever, &c. 

" Sec. 5. And be it further enacted, That the said State of Florida shall embrace 
the territories of East and West Florida which, by the treaty of amity, settle- 
ment, and limits, between the United States and Spain, on the 22d day of Febru- 
ary, 1819, were ceded to the United States." 



439 

One Represenlative in Congress allowed to Florida until the next census. 

An act supplemental to the act for the admission of Florida and Iowa into the 
Union, and for other purposes, was passed March 3, 1845. 

B}' this act grants of land were made to Florida, and the laws of the United 
Stales were extended to that State 

Resolutions of the Legislature of Florida, in relation to the disputed boundaries 
between that State and Georgia and Alabama, were presented in the Senate, Ff b- 
ruary 2, 1846. (See Senate documents, 1st session, 29th Congress, vol. 4, Nos. 
96 and 133.) 

On March 4, 1846, a bill respecting the settlement of the boundary line between 
the State of Florida and the State of Georgia, was reported from the committee. 

TEXAS, 

An independent republic, adrilitted into the Union by the following joint resolu- 
tions and act of Congress : 

A joint resolution for annexing Texas to the United States, approved March 
1, 1845. 

JOINT RESOLUTION for annexing Texas to the United States. 

Resolved by the Senate and House of Representatives of the United States of America 
in Congress assembled, That Congress doth consent that the territory properly In- 
cluded within and rightfully belonging to the Republic of Texas may be erected 
into a new^ State, to be called the State of Texas, -with a republican form of go- 
vernment, to be adopted by the people of said republic, by deputies in convention 
assembled, with the consent of the existing government, in order that the same 
may be admitted as one of the States of this Union. 

Sec. 2. And be it further resolved, That the foregoing consent of Congress Is 
given upon the following conditions, and with the following guarantees, to wit : 

First. Said State to be formed, subject to the adjustment by this Government 
of all questions of boundary that may arise with other governments ; and the 
constitution thereof, with the proper evidence of its adoption by the people of 
said Republic of Texas, shall be transmitted to the President of the United States, 
to be laid before Congress for its final action, on or before the first day of January, 
one thousand eight hundred and forty-six. 

Second. Said State, when admitted into the Union, after ceding to the United 
States all public edifices, fortifications, barracks, ports, and harbors, navy and 
navy-yards, docks, magazines, arms, armaments, and all other property and 
means pertaining to the public defence belonging to said Republic of Texa.?, 
shall retain all the public funds, debts, taxes, and dues of every kind, which may 
belong to or be due and owing said republic ; and shall also retain all the vacant 
and unappropriated lands lying w^ithin its limits, to be applied to the payment of 
the debts and liabilities of said Republic of Texas ; and the residue of said lands, 
after discharging said debts and liabilities, to be disposed of as said State may 
direct, but in no event are said debts and liabilities to become a charge upon the 
Government of the United States. 

Third. New States, of convenient size, not exceeding four in numlter, in add 

tion to said State of Texas, and having sufficient population, may hereafter, 

41 



440 

the consent of said State, be formecL out of the territory thereof, which shall be 
entitled to admission under the provisions of the Federal Constitution. And such 
States as may be formed out of that .portion of said territory lying south of thirty- 
six degrees thirty minutes north latitude, commonly known as the Missouri com- 
promise line, shall be admitted into the Union with or AA^ithout slavery, as the 
people of each State asking admission may desire. And in-such State or States 
as shall be formed out of said territory north of said Missouri compromise line, 
slavery, or involuntary servitude, (except for crimes,) shall be prohibited. 

Sec. 3. And be it further resolved^ That if the President of the United States 
shall, in his judgment and discretion, deem it most advisable, instead of proceed- 
ing to submit the foregoing resolution to the Republic of Texas, as an overture on 
the part of the United States, for admission, to negotiate with that republic ; tlien, 

Be it resolved, That a State, to be formed out of the present Republic of Texas, 
with suitable extent and boundaries, and with two Representatives in Congress, 
until the next apportionment of representation, shall be admitted into the Union, 
by virtue of this act, on an equal footing with the existing States, as soon as the 
terms and conditions of such admission, and the cession-of the remainmg Texan 
territory to the United States, shall be agreed upon by the Governments of Texas 
and the United States : Taa* the sum of one hundred thousand dollars be, and the 
same is hereby, appropriated to defray the expenses of missions and negotia- 
tions, to agree upon the terms of said admission and cession, either by treaty to 
be submitted to the Senate, or by articles to be submitted to the two Houses of 

Congress, as the President may direct. 

Approved March 1, 1S45. 

A joint resolution for the admission of the Slate of Texas into the Union, ap- 
proved December 29, 1845. 

JOINT RESOLUTION for the admission of the State of Texas into the Union. 

Whereas the Congress of the Unite-d States, by a joint resolution approved 
March the first, eighteen hundred and forty-five, did consent that the territory 
properly included within and rightfully belonging to the Republic of Texas might 
be erected into a new State, to be called the State of Texas, with a republican 
form of government, to be adopted by the people of said republic, by deputies in 
convention assembled, with the consent of the existing government, in order that 
the same might be admitted as one of the States of the Union ; which consent of 
Congress was given upon certain conditions specified in the first and second sec- 
tions of said joint resolution : and whereas the people of the said Republic of 
Texas, by deputies in convention asseriibled, with the consent of the existing go- 
vernment, did adopt a constitution, and erect a new State, with a republican form 
of government, and, in the name of the people of Texas, and by their authority, 
did ordain and declare that they assented to and accepted the proposals, condi- 
tions, and guarantees contained in said first and second sections of said resolu- 
tion : and whereas the said constitution, and the proper evidence of its adoption 
by the people of the Republic of Texas, have been transmitted to the President 
of the United States, and laid before Congress, in conformity to the provisions of 
isaid joint ftsolution : Therefore, 

Resolved by the Senate and House of Representatives of the United States of America 



441 

in Congress assembled. That the State of Texas shall be one, and is hereby declared 
to be one, ot' the United States of America, and admitted into the Union on an 
equal footing with the original States in all respects whatever. 

Sec. 2. And be it further resolved. That until the Representatives in Cong^'ess 
shall be apportioned according to an actual enumeration of the inhabitants of the 
United States, the State of Texas shall be entitled to choose two Representatives. 

Approved December 39, 184:5. 

An act to extend the law^s of the United States over the State of Texas, and for 
other purposes, approved December 29, 1S45, viz. : 

AN ACT to extend the laws of the United States over the State of Texas, and 

for other purposes. 

Be it e^iacted by the Seriate and House of Representatives of the United States of 
America in Congress assembled, That all the laws of the United States are hereby 
d^^clared to extend to and over, and to have full force and effect w^ithin, the State 
of Texas, admitted at the present session of Congress into the Confederacy and 
Union of the United States. Approved December 29, 1S45. 

WISCONSIN. 

[By act 3 9 til May, 184:8, the state of Wisconsin was admitted into the Union. 
Eutitled to three Representatives in Congress .after Sd March, 1849.] 

On December 12, 1S32, a resolution passed in House of Representatives direct- 
ing a committee to inquire into the expediency of creating a territorial govern- 
ment for Wisconsin out of part of Michigan. 

On December 6, 1832, the committee made a report accompanied by a bill. 
(See reports of committees House of Representatives, 1st session, 22d Congress, 
vol. 1. No. 145.) 

A memorial of the legislative council of Michigan for the division of that ter- 
ritory, and that the territory of Wisconsin be established, was presented in Se- 
nate of the United States. December 23, 1S34. (See Senate documents 2d session, 
23d Congress, vol. 2, No. 24.) 

On February 11, 1S36, a bill establishing the territorial government of Wiscon- 
sin, reported in House of Representatives. 

On March 1, 1S36, a memorial of legislative council of Michigan for same, pre- 
sented in House of Representatives. (See documents House of Representatives, 
1st session 24th Congress, vol. 4, No. 153.) 

On April 20, 1836, an act establishing the territorial government of Wisconsm 
wris passed and approved. 

On March 5, 183S, a resolution directing a committee to inquire into the expe- 
diency of authorizing the territory of Wisconsin to take a census and adopt a 
constitution, preparatory to being admitted into the Union, was passed. 

On May 11, 1838, the said committee reported a bill to enable the people of East 
Wisconsin to form a constitution and State government, and for the admission of 
such Slate into the Union. 

On June 12, 1838, an act to divide the territory of Wisconsin, and to establiR* 
the territorial government of Iowa, was passed and approved. 



442 

On June 12, 1838, an act to ascertain and designate the boundary line between 
the State of iMichigan and the territory of Wisconsin, was passed and approved. 

On January 28, 1839, a memorial of the Legislative Assembly of Wisconsin, 
praying an alteration in the southern boundary of that territory, was presented in 
the Senate. (See Senate documents, 3d session, 25th Congress, vol. 3, No. 149.) 

On March 3, 1839, an act to alter and amend the organic law of the territories 
of Wisconsin and Iowa, w^as passed and approved. 

On May 25, 1840, the proceedings of a public meeting at Galena in relation to 
the southern boundary of Wisconsin territory, was presented in the House of 
Representatives. (See documents House of Representatives, 1st session, 26th 
Congress, vol. 6, No. 226.) (For, " An Ordinance for the government of the Ter- 
ritory of the United States, north-west of the river Ohio," passed by the Congress 
of the Confederation, July 13, 1787. (See the same, under the head '-Ohio.") 

On February 3, 1841, a message was received in Senate from the President, 
communicating the reports, maps, &c., relating to boundary line between Michigan 
and Wisconsin. (See Senate documents, 2d session, 26th Congress, vol. 4, No. 151.) 

On February 8, 1841, a memorial of the Legislative Assembly of Wisconsin, 
that a law defining the western boundary line of said territory be passed, was 
presented in Senate. (See Senate documents as above, vol. 4, No. 171.) 

On February 15, 1841, resolutions of the General Assembly of Michigan in re- 
lation to the boundary line betw^een that State and the territory of Wisconsin, 
were presented in the Senate. (See Senate documents, 2d session, 26th Congress, 
vol. 4, No. 186.) 

On March 19, 1841, resolutions of the Legislative Assembly of Wisconsin ter- 
ritory in relation to the boundary between Michigan and Wisconsin, were pre- 
sented in House of Representatives. (See documents House of Representatives, 
2d session, 27th Congress, vol. 3, No. 147.) 

On March 20, 1845, a resolution of the legislative council of Wisconsin asking 
that provision be made for taking a census and holding a convention to form a 
State constitution, was presented in the Senate. 

On January 13, 1846, a bill to enable the people of Wisconsin to form a con- 
stitution and State government, was introduced on leave in House of Repre- 
sentatives. 

On August 6, l&ie, an act to enable the people of Wisconsin territory to form a 
constitution and State government, and for the admission of such State into the 
Union, was passed and approved. To be entitled to two Representatives until 
the next census, and the laws of the United States extended to the same when 
admitted. 

On January 21, 1847, the constitution adopted by the people of Wisconsin, the 
census and other documents, were presented in House of Representatives, (See 
documents House of Representatives, 2d session, 29th Congress, vol. 3, No. 49.) 

On March 3, 1847, an act for the admission of the State of Wisconsin into the 
Union, was passed and approved. To be admitted on condition that the constitu- 
tion adopted on December 16, 1846, shall be assented to by the qualified electors 
of the State, and as soon as such assent shall be given, the President of the United 
States shall announce the same by proclamation, and therefrom the admission of 
Wisconsin shall be considered as comnlete. 



443 

IOWA. 

On December 19, 1836, a resolution directing the committee on territories to 
inquire into the expediency of establishing the Iowa territory out of part of Wis- 
consin, passed the House of Representatives. 

On December 14, 1837, a resolution of same tenor passed House of Represents 
lives. 

On December 13 and 20, 1837, memorials of the people of Iowa for a division or 
separation from Wisconsin, -was presented in the Senate. 

On December 14, 1837, same presented in House of Representatives. 

On December 13, 1837, a memorial of the people of Iowa for settlement of 
boundary w^ith Missouri, was presented in the Senate. 

On January 2, 1S38, proceedings of Legislature of Wisconsin relative to 
boundary line between Iowa and IVIissouri, were presented in the Senate. (See 
Senate documents, 2d session, 25th Congress, vol. 1, No. 63.) 

On February 6, 1S38, a report was made by committee of House of Representa- 
tives on expediency of establishing a separate territorial government for Iowa, 
accompanied by a bill. 

On June 12, 1838, an act to divide the territory of Wisconsin, and to establish 
the territorial government of Iowa, w^as passed and approved. 

On June 18, 1838, an act to authorize the President of the United States to cause 
the southern boundary line of the territory of Iowa to be ascertained and marked, 
was passed and approved. 

On January 30, 1839, a report of the Secretary of State with maps, made in 
compliance with resolutions of the Senate and House of Representatives, in rela- 
tion to the southern boundary of the territory of loAva. were received. (See docu- 
ments House of Representatives, 3d session, 25th Congress, vol. 4, No. 128.) 

On March 3, 18-39, an appropriation was made for the survey of the southern 
boundary of the territory of Iowa, of $969 05. 

On March 3, 1839, an act to define and establish the eastern boundary line of 
the territory of Iowa, was passed and approved. 

On March 3, 1839, an act to alter and amend the organic law of the territories 
of Wisconsin and Iowa, was passed and approved. 

On December 24. 18-39, a message from the President, with documents relating 
to the disputed boundary between Missouri and lovs'^a, was received in Senaiv, 
and in the House of Representatives on December 27. (See Senate documenis, 
1st session, 26th Congress, vol. 1, No. 4. House of Representatives, vol. 1, No. 5.) 

On December 30, 1839, additional documents on same subject communicated to 
House of Representatives, and to the Senate on January 3, 1840. (See Senate 
documents, 1st session, 2Gth Congress, vol. 2, No. 35. House of Representatives, 
vol. 2, No. 36.) 

On January 9, 1840, additional documents on same subject, communicated to 
the Senate. 

On January 31, 1840, additional documents on same subject were communicated 

to the Senate, in compliance with two resolutions of the Senate of December 30, 

1S39. (See Senate documents, 1st session, 26th Congress, vol. 4, No. 1.38.) 

On January 8, 1840, a memorial of the legislative council of Iowa, praying the 

41* 



444 

settlement of the disputed boundary with Missouri, was presented in Senate. (See 
Sen. docs., 1st ses., 26th Cong., vol. 2. No. 5.3.) 

On January 9, 1840, a doc. relating to same subject, presented in Senate by 
Mr. Benton. 

On January 10, 1S40, a representation by delegate from Iowa on same subject 
presented in Senate. 

On February 4, 1840, report madg in Ho. of Reps., by a committee on boundary 
between Missouri and Iowa, with a bill to establish and define the northern 
boundary line of the State of Missouri. (See reps, of comms. of Ho. of Reps., 1st 
ses., 26th Cong., vol. 1, No. 2.) 

On February 12, 1840, a message from the President, with additional documents 
relating to disputed boundary between Missouri and Iowa. (See docs. Ho. of 
Reps., 1st ses., 26th Cong., vol. 3, No. 97.) 

On March 5, 1840, a bill reported by the committee on territories of the Ho. 
of Reps., "to enable the people of Iowa to form a constitution and State govern- 
ment, and for the admission of such State into the Union." 

On February 11, 1841, a bill for ascertaining and settling the southern boundary 
line of the territory of Iowa, reported in Senate. 

On March 9, 1841, a resolution of legislative council of Iowa relative to southern 
boundary line of said territory, was presented in Ho. of Reps. 

On March 19, 1841, a message from the President, relative to boundary line be- 
tween Missouri and Iowa, received in Ho. of Reps. (See docs. Ho. of Reps., 2d 
ses., 27th Cong., vol. 3, No. 141.) 

On May 26,1841, the committee on territories of the Ho. of Reps, made a report, 
with a bill, fixing the boundary Jine between Missouri and Iowa, which passed 
the Ho. of Reps. only. (For report, see reports Ho. of Reps., 2d ses., 27th Cong., 
vol. 4, No. 791.) 

On January 21, 1843, a report made in Ho. of Reps, from committee on territo- 
ries, accompanied by a bill fixing the boundary between Missouri and Iowa. (For 
report, see Reps. Committees, Ho. of Reps., 3d ses., 27th Cong., vol. 1, No. 86.) 

On December 31, 1842, a resolution, that report of Albert M. Lea, in reference to 
the northern boundary of Missouri ; the report of Capt. Guion and Lieut. Fremont, 
in reference to the Des Moines river, and the evidence in reference to the north- 
ern boundary of Missouri, be referred and printed, was passed. (See docs. Ho. 
of Reps., 3d ses., 27th Cong., vol. 3, No. 38.) 

On December 22, 1843, an act of the Legislature of Missouri respecting the 
boundary line with Iowa territory, was presented in Ho. of Reps. (See docs. 
Ho. of Reps., 1st ses., 28th Cong., vol. 1, No. 26.) 

On February 12, 1844, a message from the President, with a memorial from the 
Legislative Assembly of Iowa for admission into the Union, was received in Senate. 

On April 2, 1844, the committee on territories of Ho. of Reps, reported a bill to 
enable the people of Iowa to form a constitution and State government, and for the 
admission of such State into the Union. 

On December 9, 1844, a memorial of a convention, with copy of a constitution 
adopted for the people of Iowa, asking admission into the Union, was received in 
Senate, and on 12th December in Ho. of Reps. (See Senate docs., 2d ses., 2Sth 
Cong., vol. 1, No. 3, and docs. lio. of Reps., vol. 1, No. 5, and vol. 3, No. 77.) 



445 

On January 7, 1S45, a bill for the admission of the Stales of Iowa and Flori'la 
into the Union, was reported in Ho. of Reps. 

On February 19, 1S45, a memorial of the General Assembly of Missouri, pray- 
ing that the southern boundary line of Iowa be made to conform to the northern 
boundary line of Missouri, &c., was presented in Senate. (See Senate docs., xid 
ses., 2Sth Cong., vol. 7, No. 110.) 

On June 17, 1844, an act respecting the northern boundary of the State of Mis- 
souri, was passed and approved. 

On March 3, 1845, an act for the admission of the States of Iowa and Florida 
into the Union, was passed and approved. To this act the assent of the people of 
Iowa is to be given, to be announced by proclamation by the President, and the 
State then admitted without further proceedings on the part of Congress. The 
State to be entitled to one Representative until the next census. 

On March 3, 1845, an act supplemental to the act for the admission of the States 
of Iowa and Florida into the Union, Avas passed and approved. This act extends 
the laws of the U. S. to the State of Iowa. 

On December 19, 1845, a bill to define the boundaries of the State of Iowa, and 
to repeal so much of the act of March 3d, 1845, as relates to the boundaries of said 
State, was introduced on leave in Ho. of Reps., and referred to a com. on territories. 

On March 27, 1846, an amendatory bill reported by said committee. 

On January 9, 1846, a joint resolution of the legislative council of the territory 
of Iowa,, relative to boundaries of the future State of Iowa, was presented in iio. 
of Reps. 

On February 5, 1846, a memorial of a Convention of the people of Missouri on 
subject of the northern boundary of that State, and the admission of Iowa into the 
Union, was presented in Ho. of Reps. (See docs. Ho. of Reps., 1st ses., 29th Cong., 
vol. 4, No. 104.) 

On February 17, 1846, a memorial of the Legislature of the territory of Iowa 
relative to boundary between Iowa and Missouri, was presented in Ho. of R.ep3. 
(See same docs., vol. 4, No. 126.) 

On June 10, in Senate, and July 6, 1S46, in Ho. of Reps., copies of the constitu- 
tion of Iowa were presented. (See docs. Ho. of Reps., 1st ses., 29lh Cong., vol. 7, 
No. 217, and docs, of Senate, vol. 8, No. 384.) 

On August 4, 1846, an act to define the boundaries of the State of Iowa, and to 
repeal so much of the act of March 3, 1845, as relates to boundaries of Iowa, was 
passed and approved. 

On December 15, 1846, a copy of the constitution adopted by the people of Iowa, 
with a proclamation of the governor, &c., were presented in Ho. of Reps. (See 
docs. Ho. of Reps., 2d ses., 29th Cong., vol. 2, No. 16.) 

On Decemtoer 38, 1846, an act for the admission of the State of Iowa into 
tiie Union, was passed and approved. 

CALIFORNIA. 

Formed out of part of the territory ceded to the United States by the Mexican Ee 
public by Treaty, concluded at Guadalupe Hidalgo, the 2d February, 1848. 

Bill (S. 324) reported in Senate by Hon. John M. Clayton from select committe' ■' to 
establish the territorial governments of Oregon, California, and New Mexico," 3'., July> 



446 

1848 ; vide Senate Journal, 1 Sess. 30 Congress, pages 477, 490, 492, 495, 498— passed 
Senate 503 — 26 July. Laid on the table House of Representatives, 28 July, 1848. 

Bill (S. 350) introduced by Hon. Stephen A. Douglass, "for the admission of Califor- 
nia into the Union as a state," 11 Dec, 1848, and referred. Reported from committee 
and not again taken up. 

Bill (H. R. 685) reported in House of Representatives by Hon. Caleb B. Smith, " to 
establish the territorial government of Upper California," 20 Dec. 1848, passed 27 Feb. 
1819. In Senate referred 28 Feb.: committee discharged 3 March, 1849, and Senate 
refused to consider the bill. 

The "Bill (H. R. 692) making appropriations for the civil and diplomatic expenses 
of the government for the year ending the 30 June, 1850, and for other purposes," 
being under consideration in the Senate, the Hon. Isaac P. Walker of Wisconsin, on 
21 Feb. 1849, submitted an amendment for the regulation and government of all the 
territory acquired from the Mexican Republic by the treaty of 2d Feb. 1848 ; for pro- 
ceedings on which, vide Senate Journal, 2 Sess. 30 Congress, pages 241, 265, 257, 262, 
2B4, 277; agreed to in Senate 28 Feb., 1849. The House of Representatives agreed to 
said amendment with an amendment. The Senate disagreed to said amendment of 
the House of Representatives, and receded from said amendment submitted by Mr. 
Walker, 3 March, 1849, page 331. For proceedings of House of Representatives on 
this amendment, vide Journal House of Representatives, 2d Sess. 30 Congress, pages 
600, 601, 637—647, and 670. 

The " Bill (S. 55) to provide for the organization of the territorial governments of 
California, Deseret, and New Mexico, and to enable the people of Jacinto, with the 
consent of the State of Texas, to form a constitution and state government, and for 
the admission of such state into the Union upon an equal footing with the original 
States in all respects whatever," was introduced on leave, by Hon. Henry S. Foote, 
16 Jan., and on 22 Jan., 1850, referred to the Committee on Territories. Not reported. 

Resolutions submitted^y Hon. Henry Clay, relative to California, &c., 29 Jan., 1860, 
vide Senate Journal, pages 118, 299. 

Resolutions submitted by Hon. John Bell, relative to California, &c., 28 Feb. 1850, 
vide Senate Journal, pages 184, 299. 

Resolutions submitted by Hon. Thomas H. Benton, relative to California, &c., 18 
April, 1860, vide Senate Journal, pages 293, 299. 

" A Bill (S. 225) to admit California as a state~ into the Union, to establish territo- 
rial governments for Utah and New Mexico, and making proposals to Texas for the 
establishment of her western and northern boundaries," together with a special 
report from the select committee, was submitted by Hon. Henry Clay, 8th May, 18-50, 
Tide Senate Journal, 1 Sess. 31 Congress, pages 327, 374, 379, 382, 392, 396, 406, 408, 410, 
414, 428, 449, 455, 460, 462, 468, 471, 474, 479, 485, 491, 494, (Amendment of Mr. 
Pearce, 495,) 518; passed Senate as amended, 1 August, 1850, being reduced to 
'• An act to establish a territorial government for Utah." (See Utah.) 

"A Bill (S. 169) for the admission of the State of California into the Union," wa3 
reported by Hon. Stephen A. Douglass from Committee on Territories, 25 March, 1860, 
vide Senate Journal, 1 Sess. 31 Congress, pages 234, 292, 301, 517, 520, 522, 530, 533, 
Si'). 553, 657, which bill passed Senate 14 August, 1850; considered in House of Rep- 
rcse. tatives, vide Journal, 1 Sess. 31 Congress, pages 1415 to 1424; passed House 
of Representatives 7 Sept., and became a law, 9 September, 1850. 



447 



OREGON TERRITORY. 

The boundaries of this territory have been determined by the following treaties 
with foreign powers, viz. : — 

1. Treaty with France, ceding Louisiana to the United States, of April 30, 1803. 

2. Treaty of amity, settlement and limits with Spain, of February 22, 1819. 

3. Treaty of limits westward of the Rocky Mountains, with Great Britain, of June 
15, 1846. 

A Bill (H. R. 583) " to establish a territorial government in Oregon," was reported 
by Hon. Stephen A. Douglass, House of Representatives, 6 Aug., 1846; passed that 
House same day. In Senate referred 7 Aug., reported 8 Aug., 1846, with special re- 
port, but not further acted on. 

A Bill (S. 41) " to organize a territorial government in the Oregon Territory, and for 
other purposes," was introduced on leave in Senate by Hon. Sidney Breese, 23 Dec, 
1816, and referred to Committee on the Judiciary, but not reported therefrom. 

A Bill (H. R. 571) "to establish the territorial government of Oregon," was reported 
by Hon. Stephen A. Douglass, House of Representatives, 23 Dec, 1846, passed that 
House the 16th Jan., 1847. In Senate referred to Committee of Judiciary, IS Jan.; re- 
ported with amendments 25 Jan. ; re-committed 29 Jan. ; reported with amendments 
10 Feb.; ordered. That it lie on the table, 3d March, 1847. 

A Bill (S. 59) " to establish the territorial government of Oregon," was introduced 
on leave in Senate by Hon. Stephen A. Douglass, on 10 Jan., 1848, and after considera- 
tion by the Senate until 13 July, 1848, was, on motion of Hon. John M. Clayton, referred 
to a select committee. On 18 July, Mr. Clayton from said committee reported it with- 
out amendment, and reported Bill (S. 324) " to establish the territorial governments 
of Oregon, California and New Mexico," which bill passed the Senate 26 July, 1848, 
and was laid on the table in the House of Representatives 28 July, 1848. Not further 
acted upon. 

A Bill (H. R. 201) "to establish the territorial government of Oregon," was reported 
from Committee on Territories, House of Representatives, 8 Feb., 1848, by Hon. Caleb 
B. Smith, passed the House of Representatives 2d Aug. ; passed the Senate with 
amendments 10 Aug., 1848, and became a law on the 14rtli August, 1848. 

TERRITORY OF MINESOTA. 

Formed out of part of territory ceded to the United States by France by Treaty of 
April 30, 1803. 

A Bill (H. R. 568) "establishing the territorial government of Minesota," was passed 
by the House of Representatives 17 Feb., and laid upon the table in the Senate 3d 
March, 1847. 

A Bill (S. 152) " to establish the territorial government of Minesota," was introduced 
on leave by Hon. Stephen A. Douglass, 23 Feb., 1848. Reported and recommitted, and, 
on 8 Aug., 1848, reported with amendments. Not further acted on at 1 Sess. 30 Con- 
gr.-\-s. 

Resumed 20 Dec, 1848, 2 Sess. 30 Congress ; passed the Senate 19 Jan., 1849 ; passed 
llnuse of Representatives with amendments, 28 Feb., and became a law, 3d. Marcli, 
1819. 



448 



TERRITORY OF NEW MEXICO. 

Formed out of part of the territory ceded to the United States by the Mexican Re- 
public by Treaty, concluded at Guadalupe Hidalgo, the 2d February, 1848. 

[For statement of propositions for forming a territorial government for New Mexico, 
B(-8 under head of "California."] 

A Bill (S. 170) " to establish the governments of Utah and New Mexico, and for 
other purposes," was reported by Hon. Stephen A. Douglass, 25 March, and passed 
the Senate 15 Aug., 1850, amended to " An act to establish a territorial government 
for New. Mexico." [This bill, with the addition of a new section, was engrafted on 
Bill (S. 307) in House of Representatives. See following statement.] 

In House of Representatives, 28 Aug., 1850, the Bill (S. 307) entitled " An act pro- 
posing to the State of Texas the establishment of her northern and western bounda- 
ries, the relinquishment by the said state of all territory claimed by her exterior to 
said boundaries, and of all her claims upon the United States," having been under 
consideration until 5th Sept., 1850, was then amended by providing a territorial go- 
vernment for New Mexico, and on the 6 Sept. was passed, and the title amended by 
adding — AtkZ to establish a to-ritorial government for New Mexico. The Senate con- 
curred in the amendments, and the bill became a law on the 9tli Septemlser, 
1850, 



TERRITORY OF UTAH. 

Formed out of part of the territory ceded to the United States by the Mexican Re- 
public by Treaty, concluded at Guadalupe Hidalgo, the 2d Feb., 1848. 

[For statement of propositions for forming a territorial government for Utah, see 
under head of California and New Mexico.] 

The Bill (S. 225) " to admit California as a state into the Union, to establish territo- 
rial governments fof Utah and New Mexico, and making proposals to Texas for the 
establishment of her western and northern boundaries," was reported by Hon. Henry 
Clay, 8 May, and was amended and passed the Senate 1 August; being reduced to a 
provision for, and the title having been amended to, "An act to establish a territorial 
government for Utah," which bill passed the House of Representatives 7 Sept., and 
became a law on the 9tli Septemljer, 1850. 



TERRITORY OF NEBRASKA. 

Formed out of part of the territory ceded to United States by France by Treaty of 
30 April, 1803. 

A Bill (H. R. 444) " to establish the territory of Nebraska," was introduced on leave 
by Hon. Stephen A. Douglass, 17 Dec, 1844, and referred. An amendatory bill reported 
7 Jan., 1845, but no further action thereon. 

A Bill (S. 170) "to establish the territory of Nebraska," was introduced on leave by 
lion. Stephen A. Douglass, 15 March, and referred. Reported without amendment 
20 April, 1848. Recommitted 20 Dec, 1848. Not reported. 



449 



DISTRICT OF COLUMBIA. 

Established under the 17th clause, 8th section, 1st article of the Constitution of the 
United States: "Congress shall have power to exercise exclusive legislation in all 
cases Trhatsoever, over such district (not exceeding ten miles square) as may, by ces- 
sion of particular States, and the acceptance of Congress, become the seat of the Go- 
vernment of the United States," &c. In pursuance of which provision the State of 
Maryland, on December 23, 1788, passed " An act to cede to Congress a district of tea 
miles square in this state, for the seat of the Government of the United States." 

And the State of Virginia, on December 3, 1789, passed " An act for the cession of 
ten miles square, or any lesser quantity of territory within this state, to the United 
States in Congress assembled, for the permanent seat of the General Government." 

These cessions were accepted by Congress as required by the Constitution, and the 
permanent seat of government established by the " Act for establishing the temporary 
and permanent seat of the government of the United States," approved July 16, 1790 ; 
and the act to amend the same, approved March 3, 1791. 

The district of ten miles square was accordingly located, and its lines and bounda- 
ries particularly established by a proclamation of George Washington, President of 
the United States, on March 30, 1791, and by the "Act concerning the District of Co- 
lumbia," approved February 27, 1801, Congress assumed complete jurisdiction over 
the said district, as contemplated by the framers of the Constitution. 



451 



CHAPTER 11. 

SOURCES OF HISTORICAL, POLITICAL, STATISTI- 
CAL, AND OTHER INFORMATION, REGARDING 
THE LEGISLATIVE, EXECUTIVE, AND JUDICIAL 
ACTION OF THE GOVERNMENT OF THE UNITED 
STATES OF AMERICA, IN POSSESSION OF THE 
PUBLIC OFFICES AT THE SEAT OF GOVERN- 
MENT. 

In the course of experience in public business, it has been 
found that great embarrassment arises to persons entering into 
public life in obtaining a practical knowledge of the operations of 
the Government from its foundation to the period of their entering 
upon the arena — which knowledge cannot well be dispensed with 
by unbelievers in the doctrine that statesmanship comes hy intuition 
or inspiration. They modestly approach the highly important and 
responsible stations in the legislative or executive branches of the 
Government to which the partiality of their fellow-citizens has 
called them, and prepare with diligence, however well acquainted 
with the general history of the country, to qualify themselves for 
a consistent, intelligent, and faithful discharge of duty, by a revi- 
sion of the acts and proceedings of their predecessors tending to 
or terminating in measures of state policy, which have either been 
confirmed by repeated legislation, or remain open questions for in- 
vestigation and discussion, and by an examination of the foreign 
and domestic relations, the matter and form of legislative business 
generally, and the facts and minutiae of cases requiring, by ap- 
pointment and a proper discharge of duty, particular attention. 

It may, therefore, not be unacceptable to citizens entering into 
public life, or to those who may expect at some future period to 
take part in public affairs, or to those who may desire to extend 

their information concerning the measures, policy, and business 

42 



452' 

concerns of the government, to be furnished with references to some 
of the sources and means of acquiring such information. 

To the uninitiated, the accumulated mass of books, records, and 
documents, contained in the public archives, is calculated to dampen 
the ardor, if not to repulse the ordinary scholar or man of business 
from the attempt to fathom the depths of the arcana ; and the pre- 
sent effort of the author and compiler to aid in this undertaking is 
more with the view of essaying a treatise which by extension and 
improvement may hereafter become a vade mecum to the statesman 
and legislator, and subserving the public interest and convenience, 
than with the hope of effecting such object in the present edition. 

The design of this undertaking is simply to refer to and briefly 
describe the books, records, and documents of a public character, 
to be found in the public archives at the Seat of Government, con- 
stituting the principal sources of political and statistical informa- 
tion. With a view of preserving perspicuity in the system, the 
whole will be arranged into classes and sections, as follows, viz. : 

CLASS No. 1. 

THE COLONIAL HISTORY OF THE UNITED STATES, AND DOCU- 
MENTARY AND OTHER HISTORY OF THE REVOLUTION. 

Sec. 1. COLONEL PETER FORCE'S AMERICAN ARCHIVES : Consisting of a 
colJection of authentic records, slate papers, debates, and letters and other no- 
tices of public affairs : the whole forming A DOCUMENTARY HISTORY of 
the origin and progress of the North American Colonies; of the causes and ac- 
complishment of the American Revolution; and of the Constitution of Govern- 
ment for the United States, to the final ratification thereof. 

IN SIX SERIES. 

First Series. From the discovery and settlement of the North American Colo- 
nies to the revolution in England, in 1688. 

Second Series. From the revolution in England, in 1688, to the cession of Canada 
to Great Britain, by treaty at Paris, in 1763. 

Third Series. From the cession of Canada, in 1763, to the king's message to 
Parliament, of March 7, 1774, on the proceedings in North America. 

Fourth Series. From the king's message of March 7, 1774, to the Declaration 
of Independence by the United States, in 1776. 

Fifth Series. From the Declaration of Independence, in 1776, to the definitive 
treaty of peace with Great Britain, in 1783. 

Sixth Series. From the treaty of peace, in 1783, to the final ratification of the 



453 

Constitution of Government for the United States, proposed by the convention held 
at Philadelphia in 1737. 

[Of this work, the fourth series only, in six volumes, has been completed, the 
other parts being in progress of execution.] 

This work was authorized by the "Act making provision for the publication of 
the Documentary History of the American Revolution," approved March 2, 1S33, 
which directs that it be distributed in the same manner as the American State 
Papers, under the resolution of July 10, 1&32. It was further distributed by ilie 
general appropriation act of March 3, 1839. 

CLASS No. 2. 

LEGISLATIVE PROCEEDINGS AND ACTS OF THE CONGRESS OF 
THE CONFEDERATION, FROM THE COMMENCEMENT OF THE 
REVOLUTION TO THE COMMENCEMENT OF THE GOVERNMENT 
UNDER THE CONSTITUTION. 

Sec. 1. THE PUBLIC JOURNAL OF CONGRESS, contained in 4 volumes 
octavo : 

Vol. 1. From September 5, 1774, to December 31, 1776. 

Vol. 2. From January 1, 1777, to July 31, 1778. 

Vol. 3. From August 1, 1778, to March 31, 17S2. 

Vol. 4. From April 1, 1782, to March 3, 1789. 

This edition was published by Way & Gideon, in 1823; each volume having a 
separate index. The addresses to the king. Parliament, and people of Great 
Britain, and other documents preceding and succeeding the commencement of 
hostilities and the Declaration of Independence, are contained in vol. 1. The Ar- 
ticles of Confederation are contained in vol. 2. And the Journal of the Committee 
of the States empowered to act for Congress in the recess from June 4 to August 
19,1784; the powers to the Board of Treasury to contract for the sale of the 
western territory; contracts for moneys borrowed in Europe; credentials of de- 
puties from the States to the convention that formed the Constitution; the Consti- 
tution; the ratifications of the Constitution by the conventions of the several 
States, — are contained in vol. 4. 

Sec. 2. THE SECRET JOURNALS OF THE CONGRESS OF THE CON- 
FEDERATION, in four volumes : 

Vol. 1. On Domestic Affairs, from 1774 to 1788; History of the Confederation. 

Vol. 2. On Foreign Affairs, from 1774 to August 16, 1781. 

Vol. 3. On Foreign Affairs, from July, 1781, to May 15, 1786. 

Vol. 4. On Foreign Affairs, from May 17, 1786, to September 16, 1788. 

CLASS No. 3. 

Sec. 1. THE JOURNAL, ACTS, AND PROCEEDINGS OF THE CON- 
VENTION WHICH FORMED THE CONSTITUTION OF THE UNITED 
STATES, FROM MAY 14 TO SEPTEMBER 17, 1787: In one volume, pub 
lished under a resolution of Congress of JMarch 27, 1818. 

This volume contains the credentials of the deputies to the Convention, the Con- 
stitution, the ratifications by the State conventions. Yo. 



454 

Sec. 2. THE CONSTITUTION OF THE UNITED STATES : a critically 
correct copy of which, together with an analytical index, are the prominent ob- 
jects of this book. The former will be found at page 1, and the latter at page 37, 
of this volume. 

Sec. 3. THE DEBATES IN THE CONVENTION WHICH FORMED THE 
CONSTITUTION, AND IN THE STATE C0NVP:NTI0NS FOR THF 
RATIFICATION OF THE SAME: In four volumes, published by Jonathan 
Elliott : 

Vol. 1 contains the Debates in Massachusetts and New York 

Vol. 2 contains the Debates in Virginia. 

Vol. 3 contains the Debates in North Carolina and Pennsylvauia. 

Vol. 4 contains 

1. Index to Journal of Federal Convention. 

2. Index to Secret Debates of, Ditto. 

3. Index to Congressional Opinions on Constitutional questions, from 1789 to 
1830. 

4. Articles of Confederation. 

5. Memoranda relative to drafts and plans in convention that formed the Con- 
stitution — names of the Members — their Credentials — Journal of the Convention, 
&c. &c. — Edmund Randolph's proposition — Charles Pinckney's draft — William 
Patterson's proposition — David Brereley's draft — Alexander Hamilton's plan — 
James Madison's minutes of the proceedings. 

6. Ratifications of the Constitution by the States, &c. 

7. Digest of decisions in the courts of the Union involving Constitutional prin- 
ciples. 

8. Secret proceedings of the Federal Convention ; Luther Martin's information 
to Legislature of Maryland; Robert Yates' minutes and notes of debates, &c. 

9. Reasons of Robert Yates, John Lansing, jun., and Edmund Randolph for not 
signing the Constitution. 

10. Opinions selected from debates in Congress involving Constitutional prin 
ciples from 1789 to 1830. 

11. James Madison's letters on the Constitutionality of the Tariff, in September 
and October, 1828. 

12. Opinions of Washington, Jefferson, and Madison on the subject. 

13. Chart of State constitutions in 1830. 

Sec. 4. THE FEDERALIST . Being a collection of able essays in explanation 
of the prominent articles of the Constitution, and in vindication of its principles, 
by Alexander Hamilton, John Jay, and James Madison, all over the signature of 
" Pubiius," and considered of high authority in explanation and in elucidation 
of that paramount law. 

CLASS No. 4. 

THE JOURNAL OF THE HOUSE OF REPRESENTATIVES OF THE 
UNITED STATES, FROM MARCH 4, 1789, TO MARCH 3, 1851. 

This Journal as re-printed by order of the House of Representatives, from the 
conimencement to March 3, 1S15, is contained in 9 volumes octavo; each having 

one index. 



455 

See. 1. Vol. 1. From March 4, 17S9, to March 2, 1793. 

Vol. 2. From December 2, 1793. to March 3, 1797. 

Vol. 3. From May 15, 1797, to March 3, ISOl. 

Vol. 4. From December 7, 1801, to March 27, 1804. 

Vol. "5. From November 5, 1804, to March 3, 1807. 

Vol. 6. From October 26, 1807, to March 3, 1809. 

Vol. 7. From May 22, 1809, to March 3, 1811. 

Vol. 8. From Norember 4, ISU, to March 3, 1813. 

Vol. 9. From May 24, 1813, to March 2, 1815. 
Sec. 2. This Journal from March 3, 1815, to March 3, 1851, is contained in 38 
volumes, octavo, being one for each session. Each volume having an index. 

CLASS No. 5. 

THE LEGISLATIVE JOURNAL OF THE SENATE OF THE UNITED 
STATES, FROM MARCH 4, 1789, TO MARCH 3, 1851. 

This Journal as re-printed by order of the Senate, from the commencement to 
March 3, 1815, is contained in 5 volumes octavo : — 
Stc. 1. Vol. 1. From March 4, 1789, to March 2, 1793, containing 5 separate in- 
dexes to its contents. 
Vol. 2. From March 4, 1793, to March 3, 1799. 
Vol. 3. From March 4, 1799, to March 3, 1805. 
Vol. 4. From March 4, 1805, to March 3, 1811. 
Vol. 5. From March 4, 1811, to March 3, 1815. 
Sec. 2. This Journal, from March 4, 181 5, to March 3, 1851, is contained in 88 
volumes octavo, being one for each Legislative session. Each volume having an 
mdex 

CLASS No. 6. 

THE EXECUTIVE JOURNAL OF THE SENATE, FROM MARCH 4, 1789, 

TO MARCH 3, 1851. 

This Journal, from the commencement to March 3, 1829, from all of which the 
injunction of secrecy has been removed, has been printed in 3 volumes octavo, 
by order of the Senate. Each volume having an index. 

Sec. 1. Vol. 1. From March 4, 1789, to March 3, 1805. 
Vol. 2. From March 4, 1805, to March 3, 1815. 
Vol. 3, From March 4, 1815, to March 3, 1829. 

Sec. 2. Those parts of the Executive Journal from which the injunction of se- 
crecy has been removed, from March 4, 1829, to March 3, 1851, will be found 
printed as an appendix to the Legislative Journal of the session when the injunc- 
tion was removed. 

Sec. 3. The Executive Journal of the Senate from March 4, 1829, to March 3, 
1851, from which the injunction of secrecy has not been removed, is contained 
alone in manuscript record-books, and is accessible only to the President, to thu 
xMembers, the Secretary and certain officers of the Senate, No extract from lh)« 

record can be furnished, except by special order of the Senate. ^ 

42 * 



do. 


7 


do. 


do. 


6 


do. 


do. 


7 


do. 


do. 


5 


do. 



456 

CLASS No. 7. 

THE* JOURNAL OR RECORD OF THE SENATE ON TRIALS OF IM- 
PEACHMENT, FROM MARCH 4, 17S9, TO MARCH 3, 1861. 

Sec. 1. On the trial of William Blount, a Senator of the United States, from De- 
cember 17, 1798, to January 14. 1799. 

Sec. 2. On the trial of John Pickering, Judge of the New Hampshire District, 
from March 3, 1803, to March 12, 1803. 

Sec. 3. On the trial of Samuel Chase, one of the Associate Justices of the Su- 
preme Court of the United States, from November 30, 1804, to March 1, 1805. 

The preceding cases will be found as an appendix to the third volume of the 
Legislative Journal of the Senate. 

Sec. 4. On the trial of James H. Peck, .Judge of the Missouri District, from May 
11, 1830, to May 25, 1830; and from December, 13, 1S30, to January 31, 1831. 

The proceedings in this case will be found as an appendix to the Legislative 
Journal of the Senate of 1830, 1831. 

The Legislative Journals of the Senate and House of Repre- 
sentatives, exhibit the action of Congress from the establishment of the 
Government under the Constitution, in the introduction, progress and 
enactment of the Laws of the United States ; they contain a record of 
the introduction by individual members of petitions, motions or resolu- 
tions, and bills ; notices of the reports of all committees, the names of 
the members voting on all subjects where the yeas and nays are de- 
manded ; all the messages from the President of the United States to 
either House of Congress, and the inaugural addresses, from the com- 
mencement of the Government, will be found at length upon the jour- 
nals ; a brief statement of the subject of every report or communication 
from the several Executive Departments and Bureaus is entered upon 
the Journal of the House to which it may be directed ; acts and resolu- 
tions of the State Legislatures are entered upon the Journals ; schedules 
of the electoral votes for President and Vice President are placed upon 
the Journals of both Houses, and the names of the members with those 
of the States which they represent are entered on the Journals of the 
respective Houses on the days of their first attendance at each session. 

The volumes of Journals have indexes referring to the names of peti 
tioners, members, States, Executive Departments, Presidents' messages, 
committees, motions, resolutions and bills_^with references to all the pro- 
ceedings thereon, and generally to all the subjects treated of in the body 
of the Journal. 

But with the exception of the cases above stated, the reasons for or 
grounds of Legislation, from their voluminous nature and their number, 
could not be embodied within the narrow compass of the Journals. 

These are contained in the manuscript files and records, the printed 



457 

documents, and the reported speeches of the members of the two Houses 
to be sought for from various sources. 

The manuscript files and records are preserved m the office of tlie 
flouse in which they may have been presented, or to which they may 
have been communicated. The printed documents and speeches, how- 
ever, require a more particular description and reference, which will be 
given as concisely as practicable. 

CLASS No. 8. 

EMBRACING THE DOCUMENTS ORDERED TO BE PRINTED BY THE 
TWO HOUSES OF CONGRESS SINCE MARCH 4, 1789. 

These consist of messages from the President, reports fi'om the seve- 
ral Executive Departments and Bureaus, reports of committees of the 
two Houses, with documents and tables communicated therewith, as 
well as memorials, petitions, resolutions of State Legislatures, and all 
other papers printed under the order of either House. These will be 
arranged into sections :— 

Sec. 1. The folio edition of State Papers pttblishei) under joint REsoLtrTToxs 
OF Congress, and printed by Messrs. Gales & Seaton, consists of 21 volumes. 

These documents were selected with much care from the mass of manuscript 
and printed documents, papers and books in the offices of the two Houses, from 
all sources, and upon all subjects, having deficiencies supplied from the archives 
and records of the Executive Departments. These were divided into ten difTerenl 
classes, according to their nature or subject, viz. : — 

4 vols. Foreign Relations. Vol. 1, from March 4, 17S9, to Feb. 28, 1797. 
Vol. 2, from Feb. 28, 1797, to Feb. 19, 1807. 
Vol. 3, from Feb. 19, 1807, to March 3, 1815. 
Vol. 4, from March 3, 1815, to May 3, 1822 

2 vols. Indian Affairs. Vol. 1, from March 4, 1789, to Nov. 18, 1814. 

Vol. 2, from Nov. 18, 1814, to March 1, 1827. 

3 vols. Finances. Vol. 1, from March 4, 17S9, to April 29, 1802. 

Vol. 2, from April 29, 1S02, to March 2, 1815. 
Vol. 3, from March 2, 1815, to March 12, 1822. 
2 vols. Commerce and Navigation. Vol. 1, from March 4, 1789. to Feb. 9, 1S15. 

Vol. 2, from Feb. 9, 1815, to Feb. 25, 1823. 

2 vols. Military Affairs. Vol. 1, from March 4, 1789, to Feb. 25, 1819. 

Vol. 2, from Feb. 25, 1819, to Feb. 28, 1325. 
1 vol. Naval Affairs. Vol. 1, from March 4, 1789, to March 5, 1825. 
1 vol. Post-OfRce. Vol. 1, from March 4, 1789, to March 2, 1833. 

3 vols. Public Lands. Vol. 1, from March 4, 1789, to Feb. 27, 1809. 

Vol. 2, from Feb. 27, 1809. to Feb. 14, 1815. 
Vol. 3, from Feb. 14, 1815. to May 26, 1824. 

1 vol. Claims. Vol. 1, from March 4, 1789, to March 3, 1823. 

2 vols. Miscellaneous. Vol. 1, from March 4, 1789, to Feb. 16 1809. 

Vol. 2, from Feb 16, 1809, to March 3, 1823. 



458 

There will also be included in this section the two additional volumes on Public 
Lands that w^ere printed by Duff Green, by order of the Senate, viz. : — 

2 vols, on Public Lands. Vol. 4, from May 26, 1824, to Jan. 2, 1823. 
Vol. 5, from Jan. 2, 1828, to Jan. 21, 1834. 

In the compilation of these state papers, care was taken to render eacn class 
as complete as practicable. The authority for the publication, and the manner 
of proceeding in the execution of the work, will be found stated at the beginning 
of the first volume on Foreign Relations. As it purports to be a selection of those 
documents and papers, it will not, of course, be expected to embrace every docu- 
ment and paper presented in or communicated to either House of Congress, as 
these can alone be found in the archives of Congress ; but it was intended that 
they should embrace every important document of the classes to which they re- 
spectively belong, considered valuable as precedents for the future action of the 
Government, or material in its political and statistical history, or as establishing 
principles in the allowance, or rejection of private pecuniary claims against the 
Government, or in the settlement of private land claims. 

These state papers were printed under the authority of the act of Congress 
"making provision for a subscription to a compilation of congressional docu- 
ments," approved March 2, 1831, and continued under the joint resolution of 
March 2, 1833, which limited the continuation to eight volumes, and which, with 
those previously authorized, made twenty-one volumes. These were disposed 
of by a joint "resolution directing the- distribution of a compilation of congres- 
sional documents, and for other purposes," approved July 10, 1832. 

CLASS No. 9. 

Sec. 1 WILL EMBRACE THE DOCUMENTS PRINTED IN OCTAVO 
FORM BY ORDER OF THE SENATE, during each session, from March 4, 
1789, to March 3, 1851. These are numbered as they are sent to the printer ; 
loose copies are furnished to the members of both Houses of Congress and other 
public functionaries, and sometimes extra copies for distribution, as they are 
printed ; and other copies are retained and bound, in as many volumes as neces- 
sary, with copious indexes, for preservation, when the printing of each session is 
completed. The more important of these printed documents will be found re- 
printed, under their appropriate heads, in the folio state papers, vrhere they will 
be found more conveniently, in connection with kindred subjects which had ac- 
cumulated from March 4, 1789, to the time to which the class they belong to was 
reprinted, as stated in the preceding section ; from which time, recourse must be 
had to these bound documents of each session — every session having a separate 
index. 

In addition to these documents, the bills and resolutions of the Senate are 
printed in folio form, and distributed nearly as the octavo documents. Several 
copies of these have been bound into volumes, with indexes, since 1824-5. 

CLASS No. 10. 

Sec. 1 WILL EMBRACE THE DOCUMENTS PRINTED IN OCTAVO 
FORM BY ORDER OF THE HOUSE OF REPRESENTATIVES, from March 



459 

4, 1789, to March 3, 1S51. These are divided into several series, eaeh being 
numbered as sent to the printer. One series consists of the reports of commit 
tees of the House of Representatives, with their accompanying documents ; and 
the other series consists of messages, reports, and documents, from the Executive 
Departments, and all other documents ordered to be printed by that House. Loose 
copies are furnished to members of both Houses of Congress, and other pubhc 
functionaries, and sometimes extra copies for distribution, as they are printed ; 
and other copies are retained and bound, each series separately, (in as many vo- 
lumes as necessary, with separate indexes,) for preservation, when the printing 
of each session is completed. The more important of these documents, of both 
series, will be found reprinted, under their appropriate heads, in the folio state 
papers, as mentioned in the preceding section, as far as they extend ; from which 
time, recourse must be had to these bound documents of each session — every ses- 
sion having a separate index for each series of these documents. 

In addition to these documents, the bills and joint resolutions of the House of 
Representatives have been printed in folio form, and distributed as the octavo 
documents. Several copies of these have been bound, with indexes, since 1825. 

CLASS No. 11. 

DEBATES IN CONGRESS : 

Embracing the speeches made in the two Houses of Congress, from March 4, 
17S9, to March 3, 1851. 

When it is desired to find the discussion in either House upon any par- 
ticular subject, it is necessary first to ascertain from the journal of the 
House in which the discussion has taken place, when, or on what days, 
such subject was under consideration in the House, and then seek for the 
publication of the proceedings of those days in the public newspapers 
that published such debates, or in the various compilations of debates, as 
either may be found to embrace the time at which the discussion may 
have taken place. 

Sec. 1. The compilation of Joseph Gales, senior, in 2 volumes, contains the de- 
bates in the first Congress, 17S9 to 1791.* 

Sec. 2. The Congressional Register, or History of the Proceedings and Debates 
of the first House of Representatives, by Thomas Lloyd, 17S9-91. 

Sec. 3. History of Congress, exhibiting a classification of the proceedings of 
the Senate and House of Representatives, from March 4, 17S9, to March 3, 1793. 

Sec. 4. Debates in the Congress of the United States on the bill for repealing the 
law " for the more convenient organization of the courts of the United States :" 
Albany, 1802. (State Department.) 

Sec. 5. Debates in the House of Representatives of the United States on ques- 
tions involved in the British treaty of 1794, (Jay's treaty :) Philadelphia, 1S03. 
(State Department.) 

* This compilation has been continued by Gales & Seaton, under the patronage of 
Congress. 



460 

Sec. 6. Debates in the House of Representatives of the United States on the 
Seminole war, in January and February, 1819. (State Department.) 

Sec. 7. Dunlap's American Daily Advertiser, from 1791 to 1793. (Congress 
Library.) 
Sec. 8. Dunlap & Claypole's Advertiser, from 1794 to 1795. (Cong. Lib.) 
Sec. 9. Brown's Philadelphia Gazette, from 1794 to ISOO. (Cong. Lib.) 
Sec. 10. Bache's General Advertiser, from 1795 to 1797. (Cong. Lib.) 
Sec. 11. Bache & Duane's Aurora, from 1798 to 1814. (Cong. Lib.) 
Sec. 12. Carey's United States Recorder, from 1798 to 1800. (Cong. Lib.) 
Sec. 13. Delaware Gazette, Political Mirror, from 1798 to 1800. (Cong. Lib.) 
Sec. 14. Dennison's Republican Watch Tower, from 1800 to 1809. (Cong.Lib.) 
Sec. 15. Duane's Weekly Aurora, from 1810 to 1821. (Cong. Lib.) 
Sec. 16. Fenno's Gazette of the United States, from 1789 to 1798. (Cong. Lib.) 
Sec. 17. National Intelligencer, (tri-weekly,) from 1800 to 1813. (Cong. Lib.) 

National Intelligencer, (daily,) from 1814 to 1851. (Cong. Lib.) 
Sec. 18. Universal Gazette, (by Samuel Harrison Smith,) from 1798 to 1S08. 
Sec. 19. Philadelphia Gazette, from 1795 to 1797. (Cong. Lib.) 
Sec. 20. Virginia Argus, from 1797 to 1803. (Cong. Lib.) 

Sec. 21. Virginia Argus and Enquirer, (bound together,) from . 1804 to 1803 
(Cong. Lib.) 
Sec. 22. Richmond Enquirer, from 1809 to 1814. (Cong.Lib.) 
Sec. 23. Washington City Gazette, from 1815 to 1826. (Cong. Lib.) 
Sec. 24. National Journal, from 1826 to 1831. (Cong. Lib.) 
Sec. 25. United States Telegraph, from 1828 to 1837. (Cong. Lib.) 
Sec. 26. Globe, from 1832 to 1845. (Cong. Lib.) 
Sec. 27. Madisonian, from 1837 to 1838. (Cong. Lib.) 

Sec. 28. Register of Debates in Congress, comprising the leading debates and 
incidents of each session, with an appendix containing important state papers and 
public documents, and the laws of a public nature enacted during each session, 
with an index to the subject of debate and to the names of the speakers in each 
House of Congress for each session, viz. : 
2d Session, 18th Congress, 1824-5, in 1st volume. 

1825-6, in 2d volume, in 2 parts. 
1826-7, in 3d volume. 
1827-8, in 4th volume, in 2 parts. 
• 1828-9, in 5th volume. 

1829-30, in 6th volume, in 2 parts. 
1830-31, in 7th volume. 
i831-2, in 8th volume, in 3 parts. 
1832-3, in 9th volume, in 2 parts. 
1833-4, in 10th volume, in 4 parts. 
1834-5, in 11th volume in 2 parts. 
1835-6, in 12th volume in 4 parts. 
1836-7, in 13th volume, in 2 parts. 
' 1837, 14th volume, in 2 parts. 

Sec. 29. The Congressional Globe and Appendix, containing sketches of the 
proceedings and incidental debates, and also the debates at large in the two 



1st 


li 


19th 


2d 


» 


19th 


1st 


<( 


20th 


2d 


(( 


20th 


1st 


a 


21st 


2d 


(( 


21st 


1st 


(C 


22d 


2d 


a 


22d 


1st 


u 


23d 


2d 


(( 


23d 


1st 


(( 


24th 


2d 


a 


24th 


1st 


u 


25th 



461 

Houses of Congress, with an index of the subject of debate, and names of the 
speakers in each House for each session, viz : — 



1st and 2d Sessions, 


23d Congress, 1833- 


3d Sess. 


. 27th 


Cong. 


1842-3, 


12th vol. 


4-5, : 


1st and 2d volumes in 1. 


1st " 


28th 


a 


1843-4, 


13th vol. 


1st Sess 


. 24th Cong. 


. 1835-6, 3d vol. 


2d « 


28th 


(( 


1844-5, 


14th vol. 


2d « 


24th 




1386-7, 4th vol. 


1st " 


29th 


(( 


1845-6, New Series, 


1st " 


25th 




1837, 6th vol. 


1vol. 


in 2 parts. 






2d « 


25th 




1837-8, 6th vol. 


2d " 


29th 


(( 


1846-7, 


(( 


3d « 


25th 




1838-9, 7 th vol. 


1st " 


30th 


ii 


1847-8, 


« 


1st « 


26th 




1839-40, 8th vol. 


2d " 


30th 


» 


1848-9, 


(« 


2d « 


26th 




1840-1, 9th vol. 


1st « 


31st 


i( 


1849-50; 


« 


1st « 


27 th 




1841, 10th vol. - 


2d " 


Slst 


(i 


1850-51. 


1 


2d " 


27 th 




1841-2, 11th vol. 













CLASS No. 12. 

LAWS OF THE UNITED STATES. 

THIS CLASS WILL EMBRACE THE SEVERAL EDITIONS OR SERIES OF THE LAWS 
OF THE UNITED STATES AND INDEXES TO THE LAWS. 

Sec. 1. The series containing in separate volumes the laws usually published 
in pamphlet form at the termination of each session of Congress. In this series 
the laws are published in extenso, none being omitted. 

The first of this series w^as published in 1797, in 3 volumes, by Richard Folwell, 
embracing the laws, resolutions, and treaties, from March 4, 17S9, to March 3, 
1797. These were continued by Matthew Carey, to include the 4th volume, to 
March 3, 1799 ; by William Duane to include the 5th and 6th volumes, to March 3, 
1S03; by Roger C. Weightman, to include the 7th, 8th, 9th, and 10th volumes, to 
March 3, 1811 ; and were continued by various individuals, " By authority," in 
pamphlet form at the termination of every session of Congress, down to March 3, 
1851. 

Sec. 2- An edition of the laws was published in 1815 by Bioren & Duane and 
R. C. Weightman. This edition was compiled by J. B. Colvin, upon the basis of 
a plan prepared by Richard Rush, then Attorney-General of the United States, 
and adopted by James Monroe, Secretary of State, in conformity with the act of 
Congress of the 18th April, 1814. It consists of five volumes, and embraces the 
laws of the United States from March 4, 1789, to March 3, 1815, with tlie 
exception of "the local judiciary acts, and all acts confiding power to corpo- 
rate bodies in the District of Columbia, or which have been otherwise passed by 
Congress in their character of Legislature for the District," which w^ere ex- 
cluded. 

Vol. 1 contains — The Declaration of Independence, Articles of Confederation. 
The Constitution, and proceedings which led to its adoption. 
Treaties with foreign nations and Indian tribes, from 1778 to 1814. 
Grants, treaties, and cessions, by which lands have been acquired by the United 

States, from 1783 to 1814. 



462 

Old proclamations and grants of land?, and treaties between foreign governments 
relating to titles to lands, and boundaries of territories now included wiiliin the 
United States, 

Grant to the Hudson's Bay Company. 

(Sessions of land by several States to the United States. 

Title of the United States to Louisiana. — Grant to Crozat. 

Evidence respecting Yazoo and other land claims. 

Treaty of Paris, of 10th February, 1763, between Great Britain, France, and 
Spain. (. 

Titles to, and boundaries of the Floridas. 

Explanatory notes of the acquisition, surveys, sales, donations, and other dispo- 
sition of, and regulations concerning, the public lands in the early periods of the 
Government. 

Important claims to land, either rejected or requiring a critical examination. 

Extracts from early English charters conveying territory. 

Oidinance for the government of the territory north-west of the river Ohio. 

Boundaries of South Carolina and Georgia established. 

Ohio company's claims to land. 

Illinois company's claims to land. 

Wabash company's claims to land. 

Wilkins' grant and Governor St. Clair's confirmation. 

Spanish regulations for the allotment of lands. 

Grand iVTaison's claim on Washita. 

Houma's claim on New Orleans Island. 

Bastrop's, St. Vrain, now John Smith, T. 

Renaut's, Dubuque's, and Chouteau's claims to lands and lead mines. 

An ordinance for ascertaining the mode of disposing of lands in the western terri- 
tory. 

Boundary lines between Virginia and Kentucky ascertained. 

Location of Virginia military bounty land. 

Powers of the board of Treasury to contract for the sale of western territory. 

Relinquishment of a tract of land to Pennsylvania. 

Bounties to foreign deserters. 

Provision for refugees from Canada and Nova Scotia. 

Resolutions of old Congress relative to military bounty land. 

Donation to Arnold Henry Dohrman. 

Donation to the Society of the United Brethren. 

Claims and donations in territories of Indiana, Illinois, and Michigan. 

Okigin, &c., of the Department of State for the United States. 

Origin, &c., of the Department of War. 

Commencement and progress of Indian affairs. 

Origin, &c., of the Naval Establishment of the United States. 

Origin, &c., of the Treasury Department. 

Origin, &c., of the Mint of the United States. 

Origin, &c., of the General Post-Office of the United States. 

An ordinance for settling the accounts between the United States and the indi 
vidua) States. 



463 

Light-houses, beacons, buoys, and public piers, and cessions of land for same from 

the States to the United States. 
Military establishment of the United States in 1787, and lands held for military 

purposes. 
Concerning the seat of the general Government. — Flag of the United States.— 

Device for a great seal. — Device for copper coinage. 
Half pay. — Commutation. — Invalids. — Pensions. — Acts of limitation. 

Vol. 2 contains the Laws of the United States, from March 4, 1789 to March 3, 
1797. 

Vol. 3 contains do. from March 3, 1797, to March 3, 1805. 

Vol. 4 contains do. from March 3, 1805, to March 3, 1815. 

Vol. 5 contains, 1. A list of all acts and resolutions from 1789 to 1S15. 

2. A General Index to private acts from 1789 to 1815. 

3. Statement of Receipts and Expenditures from 1789 to 1815. 

4. A General Index Laws United States from 1789 to 1815. 

The series of Laws contained in the preceding volumes of the edition 
cf Bioren and Duane, have been continued to March 3, 1845, by a 6ih, 
7th, 8th, 9th, and 10th volumes : 

Vol. 6, Prmted by Davis & Force in 1822, contains Laws of the United Stales 
including Treaties, from March 3, 1815, to March 3, 1821, with an Index thereto. 

Vol. 7. Printed by P. Force in 1827. Ditto March 3, 1821, to March 3, 1827, do. 
With this volume there was printed a general index of all the Acts, Resolutions, 
Treaties, and other matter contained in the seven preceding volumes. It was 
prepared by Samuel Burch, under a resolution of the House of Representatives, 
and is one of the best, most full and systematic Indexes of the Laws of the United 
States extant, for the time it embraces, viz., March 4, 1789, to March 3, 1827. It 
has been separately bound. 

Vol. 8. Printed by W. A. Davis in 1835, and contains the Acts, Resolutions and 
Treaties from March 3, 1827, to March 3, 1833. 

Vol. 9. Printed by order of Congress in 1839, and contains the Acts, Resolu- 
tions and Treaties from March 3, 1833, to March 3, 1839. 

Vol. 10. Printed by J. and G. S. Gideon in 1845, and contains the Acts, Resolu- 
tions and Treaties, from March 3, 1839, to March 3, 1845. From March 3, 1845, 
to March 3, 1851, the Laws and Treaties will be found in pamphlet form. 

Sec. 3. The Public and General Statutes of the United States, from 
1789 to 1827 inclusive, whether expired, repealed, or in force : arranged 
in chronological order, with marginal references, and a copious index : to 
which is added the Constitution and an Appendix : published under the 
inspection of Judge Story. Boston, 1827. 

Sec. 4. An edition of the Statutes at large was edited by Richard 
Peters, and published by Little & Brown, in 1845.*" 

* This edition of the Statutes has been continued in pamphlet form for each 
session of Congress. 

43 



464 

Vol. 1 contains, 1. The Declaration of Independence. 

2. The Articles of Confederation. 

3. The Constitution of the United States. 

4. The Public acts of Congress from March 4, 1789, to March 

3, 1799. 
Vol. 2 contains the Public Acts of Congress from March 3, 1799, to March 3^ 
1813. 
Vol. 3 contains do. do. from March 3, 1813, to March 3, 1823. 
Vol. 4 contains do. do. from March 3, 1823, to March 3, 1835. 

Also Acts of Virginia, Pennsylvania, and Maryland. 
Proceedings and Charter of Potomac Company relatmg to 

Chesapeake and Ohio canal. 
Act of Alabama to incorporate the Cahawba Navigation Com- 
pany. 
Proclamations by the President of the United States on Com- 
mercial Affairs with Foreign Nations. 
Vol. 5 contains the Public Acts of Congress from March 3, 1835, to March 3, 
1S45. 
Also a Proclamation of the President on extinguishment of In- 
• - dian title to land in Missouri. 

An act of Virginia relating to Chesapeake and Ohio Canal Com- 
pany, February 27, 1829. 
Vol. 6 contains Private Statutes at large, from March 4, 1789, to March 3, 1845. 
Vol. 7 contains Treaties with Indian tribes, from September 17, 1773, to March 
3,1645: 

Vol. 8 contains the Treaties with Foreign Nations, from February 6, 1778, to 
March 3, 1845. 

Each of the preceding volumes contains an index to the matter therein ; this 
8th volume also contains : — 

1. Table showing relative chapters of this and other editions of the Laws. 

2. Tables of Acts of Congress, from 1789, to 1845 inclusive, relating to the Ju- 
diciary. 

3. Table of Acts of do. relating to Imports and Tonnage. 

4. Table of Acts of do. relating to Public Lands. 

5. Table of Acts of do. relating to the Post-Office. 
S. Index to the five volumes of Public Statutes. 

7. A General Index to the matter contained in the 8 volumes above mentioned. 

Sec. 4. The Acts of Congress in relation to the District of Columbia from July 
16, 1790, to March 4, 1831 inclusive, and of the Legislatures of Virginia and Mary- 
land, passed especially in regard to that District, or to persons or property within 
the same, with preliminary notes of the proceedings of the Congress, under the 
Confederation, as well as under the present Constitution, in regard to the per- 
manent seat of the Government of the United States. Printed by "William A. 
Davis, 1831. 



4G5 

CLASS No. 13. 

ABRIDGMENTS AND DIGESTS OF THE LAWS OF THE UNITED 

STATES. 

See. 1. DIGEST of all such Acts of Congress as concern the United States at 
large ; all existing Treaties, &c., by William Graydon, in 1813. 

Sec. 2. DIGEST of the Laws of the United States, including an abstract of the 
Judicial Decisions relating to the Constitutional and Statutory Law, with Notes 
explanatory and historical, by Thomas F. Gordon; Printed in 1827. 

Sec. 3. AN ABRIDGMENT of the Acts of Congress now in force, excepting 
those of a private and local application, with notes of Decisions, giving construc- 
tion to the same, in the Supreme Court of the United States, by Edward In- 
gersoll. Printed in 1825. 

Sec. 4. DIGEST of the Laws of the United States including the Treaties with 
Foreign Powers, and an abstract of the Judicial Decisions relating to the Con- 
Btitutional and Statutory Law. By Thomas F. Gordon, printed in 1844. 

CLASS No. 14. 

INDEXES PREPARED IN CONFORMITY WITH ORDERS OR RESOLU- 
TIONS OF THE SENATE AND HOUSE OF REPRESENTATIVES OF 
THE UNITED STATES, RESPECTIVELY. 

Sec. 1. GENERAL INDEX to the Laws of the United States of America, from 
March 4, 1789, to March 3, 1827, including all Treaties entered into between those 
periods ; in which the principles involved in acts for the relief of individuals, or 
of a private or local nature, are arranged under general heads, to which such prin- 
ciples appropriately belong: arranged to the edition commenced by Bioren. Du- 
ane & Weightman, in 1815, and subsequently continued by Davis & Force, and 
William A. Davis. [This is the most complete and useful index of the laws, up 
to March 3, 1827, extant ; and it would add to the public convenience if a similar 
one were made of the laws from that period up to the present time.] 

Sec. 2. INDEX to the Executive Communications made to the House of Re- 
presentatives, from March 4, 1789, to March 3, 181.7 : Jirst, hy a reference, in al- 
phabetical order, to the printed and also to the manuscript reports, according to 
the subject-matter ; second, by a reference to the same matter, arranged under the 
head of the department whence it came. Also, an 

Sec. 3. INDEX to all the printed Reports of Committees, alphabetically ar- 
ranged, from March 4, 1769, to March 3, 1817 : printed in 1824. 

Sec. 4. INDEX to the Executive Communications and Reports of Committees 
made to the House of Representatives, from December 3, 1817, to March 3, 1823: 
printed in 1823. 

Sec. 5. A DIGESTED INDEX to the Executive Documents (that is, all docu- 
ments ordered to be printed) and Reports of Committees of the House of Repre- 
sentatives, from March 3,1823, to March 3, 1831, inclusive: printed in 1S32. 

Sec. 6. A DIGESTED INDEX to the Executive Documents and Reports of 
Committees of the House of Representatives, from March 4, 1S31, to March 3, 
1839, inclusive. 



466 

See. 7. INDEX, or alphabetical list of Private Claims which have been before 
the SENATE, from December 4, 1815, to March 3, 1849, with the proceedings of 
the Senate thereon : showing the names of the claimants ; the nature or object 
of each claim; at what session, and in what manner, it was brought before the 
Senate ; to what committee it was referred; the nature of the report, and (where 
special reports were made) the number of the report, if printed, and, if not, the 
date of the report ; the number of the bill, distinguishing between Senate and 
House bills ; the manner in which the claim was disposed of by the Senate ; and, 
in cases where it passed both Houses, the date of the act of Congress : the whole 
compiled from the journals of the Senate, and by reference, when necessary, to 
the journals of the House of Representatives, the reports of committees, the bills 
of the two Houses, and the laws of the United States. Prepared by orders of the 
Senate of April 9, 1840, February 27, 1841, and February 8, 1849. 

CLASS No. 15. 
REPORTS OF THE DECISIONS OF THE SUPREME COURT OF THE 

UNITED STATES. 

1. By ALEXANDER JAMES DALLAS, from February term, 1790, to Au- 
gust term, 1800, inclusive, 

2. By WILLIAM CRANCH, from August term, 1801, to February term, 1815, 
inclusive. 

3. By HENRY WHEATON, from February term, 1816, to January term, 
1827, inclusive. 

4. By RICHARD PETERS, jun., from January terra, 1828, to January term, 
1842, inclusive. 

5. By BENJAMIN C. HOWARD, from January term, 1843, to January term, 
1851, inclusive. 

6. Condensed Reports of cases in the Supreme Court of the United States, con- 
taining the whole series of the decisions of the court from its organization to the 
commencement of Peters' Reports, at January term, 1827, with copious notes and 
parallel cases in the Supreme and Circuit Courts of the United States. 

CLASS No. 16. 

PUBLICATIONS ON THE SUBJECT OF THE PUBLIC LANDS AND PRI- 
VATE LAND CLAIMS UNDER THE AUTHORITY OF THE UNITED 
STATES. 

1. LAWS OF THE UNITED STATES, Resolutions of Congress under th« 
Confederation, Treaties, Proclamations, and other documents, having operation 
and respect to the Public Lands : collected, digested, and arranged, pursuant to 
the act of Congress, approved April 27, 1810, by Albert Gallatin, Secretary of the 
Treasury: revised, completed, and printed, under the act of January 20, 1817. 

[This is a valuable treatise and compilation of charters, treaties, grants, ces- 
sions, compacts, resolutions, acts relating to the early history, acquisition, regu- 
lation, and disposition of the public lands, and evidence of the nature and exten. 
of private land claims.] 



467 

2. LAWS OF THE UNITED STATES, Resolutions of Congress under the 
Confederation, Treaties, Proclamations, Spanish Regulations, and other docu- 
ments, respecting the Public Lands : compiled, in obedience to a resolution of 
the House of Representatives of the United States of March 1, 1826, by M. St. C. 
Clarke, and printed by order of the House of Representatives of February 19, 
1827 : in one volume. 

3. LAWS OF THE UNITED STATES, Treaties, Regulations, and other docu- 
ments, respecting the Public Lands; with the Opinions of the Courts of the United 
States in relation thereto, from 1826 to 1833 : by M. St. C. Clarke, under a resolu- 
tion of the House of Representatives of March 1, 1833. 

4. DOCUMENTS, LEGISLATIVE AND EXECUTIVE, of the Congress of 
the United States, in relation to the Public Lands, from March 4, 1789, to June 
15, 1824, in five volumes : compiled under the resolutions of the Senate of Febru- 
ary 26, 1833, and January 3, 1834. Printed by Duff Green. 

5. GENERAL PUBLIC ACTS OF CONGRESS respecting the sale and dis- 
position of the Public Lands ; with Instructions issued from time to time by the 
Secretary of the Treasury and Commissioner of the General Land Office, and 
Official Opinions of the Attorney-General on questions arising under the land 
laws ; in two parts, or volumes : 

Part 1 contains the laws from March 4, 1789, to July 9, 1838. 
Part 2 contains the instructions and opinions, from March 4, 1789, to August 
17, 1838. 
Prepared sand printed under the resolation of the Senate of February 28, 1837. 

CLASS No. 17. 

REVENUE LAWS, COMMERCIAL REGULATIONS, DIGESTS OF TARIFF 

LAWS, &c. 

1. A SELECTION OF ALL THE LAAVS OF THE UNITED STATES 

in force, relative to commercial subjects, w^ith marginal notes and references, 
classed under separate heads, viz. : Acts for collection of duties on imports and 
tonnage ; Table of tonnage duty and fees of office ; Registering, recording, en- 
rolling, and licensing of ships or vessels ; Mediterranean passports ; Quarantine 
and health ; Remission of fines, penalties, and forfeitures ; Fisheries ; Naturali- 
zation; Restriction of trade with an enemy; Letters of marque and reprisal; 
Salvage ; Slave trade ; Consuls and vice-consuls ; Seamen in the merchants' ser- 
vice; Sea letters; British licenses; and for regulating foreign coins, &c. : by 
John Brice : 1814. 

2. COMMERCIAL REGULATIONS OF THE FOREIGN COUNTRIES 
w^ith w^hich the United States have commercial intercourse : collected, digested, 
and printed, under the direction of the President of the United States, conforma- 
bly to a resolution of the Senate of March 3, 1817. 

3. A DIGEST OF THE COMMERCIAL REGULATIONS OF THE DIF- 
FERENT FOREIGN NATIONS with which the United States have mtercourse : 
in compliance with a resolution of the House of Representatives of January 21, 
1823. 

4. JONES'S DIGEST : being a particular and detailed account of the duties 

43» 



468 

performed by the various officers belonging to the custom-house departments <5f 
the United States; together with a description of some of the principal books 
and documents in general use in the several offices of the custom-house, with the 
usual routine through which merchants and captains must pass on entermg ves- 
sels and merchandise, &c. : by Andrew A. Jones, in 1835. 

5. REPORT OF THE SECRETARY OF STATE ON THE COMMERCIAL 
RELATIONS OF THE UNITED STATES WITH FOREIGN NATIONS: 
comparative tariffs of the United States and other nations ; tabular statementa 
of the domestic exports of the United States; duties on importation of the staple 
or principal productions of the United States into foreign countries ; navigation ; 
and British tariff, corn-laws, &c.: prepared in' compliance with the resolutions 
of the House of Representatives of Sept. 3, 1S41, and January 31, 1842. 

6. TARIFFS, from 1789 to 1833, with the votes in each House of Congress 
thereon, arranged according to States. 

7. A COLLECTION OF THE LAWS OF THE UNITED STATES relating 
to revenue, navigation, and commerce and light-houses, including treaties with 
foreign pov/ers, up to March 4, 1843 : compiled for the Treasury Department of 
the United States, by Thomas F. Gordon : 1S44. 

8. A DIGEST of the existing commercial regulations of foreign countries with 
which the United States have intercourse; prepared under the direction of the 
Secretary of the Treasury, in compliance with a resolution of the House of Re- 
presentatives of March 3, 1831. Printed in 1833, in 3 volumes octavo. 

9. A STATISTICAL VIEW OF Tl^E COMMERCE OF THE UNITED 
STATES : its connection with agriculture and manufactures ; and an account 
of the public debt, revenues, and expendituies of the United States; with a brief 
review of the trade, agriculture, and manuiactures of the Colonies, previous to 
their independence; and a table illustrative of the principles and objects of the 
work: by Timothy Pitkin; 1817. 

10. A DICTIONARY, practical, theoretical, and historical, of commerce and 
commercial navigation ; in 2 volumes : by J. R. McCuUoch : 1840. 

CLASS No. 18. 

MISCELLANEOUS BOOKS PRINTED OR FURNISHED UNDER THE 
AUTHORITY OR PATRONAGE OF THE UNITED STATES, AND NOT 
NOTICED UNDER PARTICULAR HEADS. 

1. THE " BLUE BOOK," or Biennial Register of all officers and agents, civil, 
military and naval, in the service of the United States. Compiled by the Secre- 
tary of State, as required by the resolution of Congress, approved April 27, 1816. 

The printers of the Laws, printers to Congress, the allowances to each, allow- 
ances to contractors for carrying the mail, were directed to be included in the 
Biennial Register bv the resolution of July 14, 1832. 

2. WAIT'S STATE PAPERS and public documents of the United States, from 
March 4, 1789, to August 1, 1818. [These are believed to have been included in 
folio State Papers in the series on Foreign Relations.] 

3. CONTESTED ELECTIONS in Congress of Senators and Representatives, 



469 

from 1789 to 1S34. inclusive, compiled by M. St. Clair Clarke and David A. Hall, 
and printed by order of the House of Representatives. 

4. REPORT OF THE TRIAL OF JAMES H. PECK, Judge of the United 
States Court for the District of Missouri, on an impeachment. 1833. 

5. LEGISLATIVE AND DOCUMENTARY HISTORY OF THE BANK OP 
THE UNITED STATES, including the original Bank of North America. By M. 
St. Clair Clarke and David A. Hall. 

6. REPORT OF COMMITTEE of the House of Representatives, with 
documents relative to the conduct of General James Wilkinson, February 
26, 1811. 

7. TREATIES WITH THE SEVERAL INDIAN TRIBES, from 1778 to 1837, 
compiled under the direction of the Commissioner of Indian Affairs, 1837. 

8. REPORTS ON THE FINANCES of the United States from 1790 to 1836; 
■with the reports of Alexander Hamilton on Public Credit, a National Bank, 
Manufactures and the Mint. In 3 volumes octavo. 

9. THE PENSION LAWS OF THE UNITED STATES, including sundry 
resolutions of Congress, from 1776 to 1833, executed at the War Department, with 
the opinions of the Attorneys General of the United States, and the rules and 
regulations adopted by the Secretary of War, relative to the execution of those 
Laws : 1833. 

10. LAWS OF THE UNITED STATES RELATIVE TO THE NAVY AND 
MARINE CORPS to March 3, 1841 ; with acts and resolutions, granting medals, 
swords, and votes of thanks, &c., private acts, a table of appropriations and ex- 
penditures for the Naval Service from 1791 to 1840 inclusive; also a synopsis of 
Legislation of Congress on Naval Affairs during the Revolutionary war : 1841. 

11. RESOLUTIONS, LAWS AND ORDINANCES RELATING TO THE 
PAY, HALF-PAY, COMMUTATION OF HALF-PAY, BOUNTY LANDS 
AND OTHER PROMISES made by Congress to the officers and soldiers of the 
Revolution ; to the settlement of accounts between the United States and the seve- 
ral States, and to the funding of the revolutionary Debt: 1838. Compiled by W. 
S. Franklin, Clerk, under resolution of the House of Representatives of April 11, 
1836. 

12. STATEMENT OF THE ARTS AND MANUFACTURES OF THE 
UNITED STATES for 1810, by Tench Coxe, under direction of Albert Gallatin, 
Secretary of the Treasury, in obedience to a resolution of Congress of March 19, 
1812. 

13. TABLES OF THE CENSUS of the United States for 1790, 1800, 1810, 1820, 
1830, 1840. 

14. COMPENDIUM OF THE 6th CENSUS for 1840, exhibiting the population, 
wealth, and resources of the country, the aggregate value and produce, and num- 
ber of persons employed in Mines, Agriculture, Commerce, Manufactures, &;c., 
with an abstract of each preceding census, and the apportionment of Representa- 
tives under the same : 1841. 

15. STATISTICAL VIEW OF THE POPULATION OF THE UNITED 
STATES, FROM 1790 TO 1830, inclusive, published in accordance with the 
resolutions of the Senate of the United States of February 26, 1333, and March 
31, 1834. 



470 

16. A CENSUS OP PENSIONERS for Revolutionary or Military services ; 
with their names, ages, and places of residence as returned by the Marshals : 1841. 

17. MILITARY LAWS OF THE UNITED STATES, including those relating 
to the Marine Corps, by Trueman Cross. 1838. 

18. A SYSTEM OF PENAL LAWS FOR THE UNITED STATES of 
America, consisting of a code of Crimes and Punishments; a code of Proceed- 
ings in criminal cases; a code of Prison Discipline; and a book of Definitions. 
Prepared and presented to the House of Representatives of the United States, by 
Edward Livingston: 1828. 

19. THE DIPLOMATIC CORRESPONDENCE OF THE AMERICAN RE- 
VOLUTION, being letters of Benjamin Franklin, Silas Dean, John Adams, John 
Jay, Arthur Lee, AVilliam Lee, Ralph Izard, Francis Dana, William Carmichael, 
Henry Laurens, John Laurens, M.Dumas and others, concerning the Foreign 
Relations of the United States during the w^hole Revolution ; with replies from 
the Secret Committee of Congress, and the Secretary of Foreign Affairs ; also cor- 
respondence with the French Ministers Gerard and Luzerne. ' By Jared Sparks, 
under resolution of Congress of March 27, 1818, in 12 volumes, from March 3 
1776 to 1784. 

20. THE DIPLOMATIC CORRESPONDENCE of the United States, from the 
Treaty of Peace of 1783 to March 4, 1789; being letters of the Presidents of Con- 
gress, Secretary of Foreign Affairs, American Ministers of foreign courts, foreir,n 
Ministers near Congress, Reports of Committees of Congress, Reports of Secretary 
for Foreign Affairs, and from individuals on Pubhc Affairs. By Jared Sparks, 
under direction of the Secretary of State, conformably to act of Congress of May 
5, 1832, in 7 volumes. 

21. STATE PAPERS AND PUBLIC DOCUMENTS OF THE UNITED 
STATES, FROM MARCH 4, 1789, TO 1819; including Confidential Documents 
first published. Inaugural Speeches, Messages from the President, and Docu- 
ments on Foreign Relations, &c. &c. By Thomas B. Wait & Sons, in 12 volumes, 
under the patronage of Congress. 

22. RECEIPTS AND EXPENDITURES OF THE UNITED STATES, 
published annually by the Treasury Department in obedience to the 7th clause, 
9th section, Ist article of the Constitution of the United States, and conformably 
to a standing order of the House of Representatives of December 30, 1791. 

23. THE MADISON PAPERS; being James Madison's correspondence and 
reports of debates during the Congress of the Confederation, and his reports of 
debates in the Federal Convention, from the original manuscripts purchased by 
order of Congress. Published in 3 volumes by direction of the Joint Library 
Committee of Congress, under the superintendence of Henry D. Gilpin : 1841. 

24. TABLE OF POST-OFFICES IN THE UNITED STATES, arranged in 
alphabetical order. Exhibiting the States, Territories and Counties ; Names of 
Postmasters; the Distances from Washington city to the Capitals of the several 
States and Territories ; and the post-offices arranged by Slates and counties. 
Published under authority of the Postmaster-General from time to time. 

25. OFFICIAL ARMY REGISTER OF THE UNITED STATES. Published 
annually by order of the Secretary of War, in compliance with a resolution of 



471 

the Senate, of December 13, IS15, and of the House of Representatives of February 
1, 1830. 

26. OFFICIAL REGISTER OF THE OFFICERS AND CADETS OF THE 
UNITED STATES MILITARY ACADEMY, AYEST POINT. Published annu- 
ally by order. 

27. OFFICIAL NAVY REGISTER OF THE UNITED STATES. Printed 
by order of the Secretary of the Navy, in compliance with a resolution of the 
Senate of the United States of December 13, 1S15. 

CLASS No. 19. 

MISCELLANEOUS PUBLICATIONS, CONTAINING USEFUL POLITICAL, 
STATISTICAL, AND OTHER INFORMATION. 

- 1. NILES' WEEKLY REGISTER: containing political, historical, geogra- 
phical, scientifical, astronomical, statistical, biographical documents, essays, and 
facts, together with notices of the arts and manufactures, and a record of the 
events of the times, from September, ISU, to March, 1847. 

2. HAZARD'S "Register of Pennsylvania : devoted to the preservation of 
facts and documents, and every other kind of useful information, respecting the 
State of Pennsylvania," from January, 1S23, to January, 1836, in 16 volumes. 

3. HAZARD'S UNITED STATES COMMERCIAL AND STATISTICAL 
REGISTER: containing documents, facts, and other useful information, illustra- 
tive of the history and resources of the American Union, and of each State ; em- 
bracing commerce, manufactures, agriculture, internal improvements, banks, 
currency, finances, education, &c., &c. ; from July, 1839, to July, 1842 ; in 6 
volumes. 

4. A CONNECTED VIEW OF THE WHOLE INTERNAL NAVIGA- 
TION OF THE UNITED STATES, natural and artificial, present and prospect- 
ive, with maps : Carey & Lea: 1826. 

5. THE TRIAL OF COL. AARON BURR, on an indictment for treason, be- 
fore the Circuit Court of the United States, at Richmond, Virginia, 1807, including 
the arguments and decisions ; in three volumes : by T. Carpenter. 

6. REPORT OF THE TRIAL BY IMPEACHMENT OF JAMES PREST- 
COTT, Judge of the Probate of Wills, before the Senate of Massachusetts, in 
1821; with an account of former impeachments in that State : 1821. 

7. HISTORICAL REGISTER OF THE UNITED STATES, FROM THE DE- 
CLARATION OF WAR, in 1812, to January 1, 1814; in 4 volumes: 181B. Re- 
view of the political institutions of the United States; official documents of the 
war, &c., &c. 

. 8. THE NATIONAL REGISTER: containing a series of public documents, 
proceedings in Congress, statistical tables, reports, and essays, upon agriculture, 
manufactures, commerce, finance, science, literaturCj and the arts ; with blogra- 
phical sketches and political events : by Joel K. Mead : 1816. 

9. STATISTICAL ANNALS : embracing views of the population, commerce 
navigation, fisheries, public lands, post-office establishment, revenues, mint, mili- 
tary and naval establishments, expenditures, public debt, and sinking fund of the 



472 

United States of America ; founded on official documents, commencing March 4, 
1769, and ending April 20, 1818 : by Adam Seybert. 

CLASS No. 20. 
THE LIBRARY OF CONGRESS. 

The library provided for Congress, after the removal of the Govern- 
ment to Washington, having been destroyed in the burning of the Capi- 
tol by the enemy, in 1814, the valuable library of Thomas Jefferson, 
which, with the best opportunities and his well-known ability, it had 
taken that eminent statesman a long series of years to accumulate, was 
purchased for Congress, under a joint resolution of October 21, 1814, 
and an act of January 30, 1815, and now constitutes the basis of the 
Congressional or National Library. Upon this foundation Congress 
have, by a moderate but regular process, been adding to the volume of 
literature, science, and the fine arts, vi^hich, in the acquisition of the 
library of that republican patriarch, had already adorned the Capitol of 
the republic ; and by the operation of this regular annual provision, 
managed, as it has been, and will continue to be, by the united judgment 
of the joint committee of the two Houses of Congress, aided in their 
active measures by their literary agents, and by the zeal and experience 
of the worthy librarian and his assistants, is destined to become an ample 
source of useful knowledge, which, through the able minds and eloquent 
voices of the distinguished representatives of the States and of the peo- 
ple, as well as of those of other citizens who have free access to this pe- 
rennial source, will be diffused through the country for the public benefit, 
elevating its literary taste and character, purifying its moral sentiment, 
and increasing its power; for true knowledge, communicated through 
pure channels, is the solid source of these and other national blessings. 

The limited space to which we are here necessarily confined will only 
admit of a reference to the general heads or chapters embraced in 
this collection, and to a few particulars which the political history and 
public transactions of our own country may render more immediately in- 
teresting. ' - ^ 

TABLE OF CHAPTERS. 

1. Ancient History. 3. Modern History : ' 

2, Modern History : - England. 

Southern Europe. Scotland. 

Northern Europe. Ireland. 

Turkey. 4. Modern History : 

Asia. America. 

Africa, &c., &c. American Newspapers. 



473 



19. 



Ecclesiastical History. 

Natural Philosophy. 

Agriculture. 

Chemistry. 

Surgery. 

Medicine. 

Anatomy. 

Zoology. 

Botany. 

Mineralogy and Conchology. 

Occupations of Man — Technical 

Arts. 
Ethics : 

1. Moral Philosophy. 

2. Law of Nature and Nations. 
Religion. 

Common Law: 

1. Commentaries, Treatises, En- 

tries, Conveyancing, &c. 

2. Criminal Law and Trials. 

3. Military Law, Courts-Mar- 

tial, &c. 
Common Law : 
British Reports 
American Reports, viz.: 
Supreme Court United States. 
Circuit Courts United States. 
General Digests of Reports. 
Courts of Maine. 

New Hampshire. 

Vermont. 

Massachusetts. 

Connecticut. 

New York. 

New Jersey. 

Pennsylvania. 

Delaware. 

Maryland. 

Virginia. 

North Carolina. 

South Carolina. 

Georgia. 

Alabama 

Tennessee. 

Kentucky. 

Ohio. 

Indiana. 



19. Common Law : 

American Reports, viz.: 
Courts of Illinois. 

Louisiana. 
Mississippi. 

20. Equity — Treatises and Reports. 

21. Law, Ecclesiastical — Treatises and 

Reports. 

22. Law, Merchant and Maritime- 

Treatises and Reports. 

23. Law: 

1. Civil Law, Codes, &c. 

2. British Statutes. 

3. Laws of the U. S. and of the 

several States, &c., viz. : 
The United States. 
State of Maine. 

New Hampshire. 

Vermont. 

Massachusetts. 

Rhode Island. 

Connecticut. 

New York. 

New Jersey. 

Pennsylvania. 

Delaware. 

Maryland. 

Virginia. 

North Carolina. 

South Carolina. 

Georgia. 

Alabama. 

Arkansas. 

Kentucky. 

Tennessee 

Ohio. 

Indiana. 

Illinois. 

Michigan. 
. Missouri. 

Louisiana. 

Mississippi. 

Florida. 
District of Columbia. 

24. Politics. 

25. Mathematics, Pure — Arithmetic. 

26. Mathematics, Pure — Geometrv, 



474 



27. Physico-Mathematics: 

Mechanics, Statics, Dynamics, 
Pneumatics, Phonics, Optics. 

28. Astronomy. 



29 


Geography : 






Section 1. 


General. 




2. 


Europe. 




.3. 


Asia. 




4. 


Africa. 




5. 


America. 




Maps. 




30. 


Fine Arts — , 


Architecture, 


31. 


Fine Arts- 


-Gardening, 




Sculpture. 


, &c. 



Painting, 



32. Fine Arts— Music. 

33. Poetry, Epic. 

34. Romance — Tales, Fables, &c. 

35. Poetry — Pastorals, Odes, Elegies, 

&c. 

36. Poetry, Didactic. 

37. Tragedy. 

38. Comedy. 

39. Dialogue, Epistolary. 

40. Logic ; Rhetoric ; Orationa, 

41. Criticism — Theory. 

42. Criticism — Bibliography 

43. Criticism — Languages. 

44. Polygraphical. 



AMERICAN HISTORY. 

Allen, Paul. History of the American Revolution. Printed in 1822. 

Bancroft, Aaron. Life of George Washington: 1826. 

Bancroft, George. History of the United States from discovery of the American 
Continent to 1837. 

Blount, Joseph. Historical Sketch of the formation of the Confederacy, Provin- 
cial Limits, and the Jurisdiction of the General Government over Indian 
Tribes and Public Territory : 1825. 

Carpenter, T. C. Memoirs of Thomas Jefferson: 1809. 

Davis, Paris M. Authentic History of the late War between the United States 
and Great Britain ; with a full Account of every Battle by Sea and by Land. 
1836. 

Hamilton, John C. Life of Alexander Hamilton: 1834. 

Jefferson. Memoir, Correspondence, and Miscellanies, from the Papers of Thomas 
Jefferson, in 4 volumes. By Thomas Jefferson Randolph : 1830. 

Madison. The Madison Papers; being James Madison's Correspondence and 
Reports of Debates during the Congress of the Confederation, and his Re- 
ports of Debates in the Federal Convention from the Original Manuscript 
purchased by order of Congress. Published by direction of the Joint Li- 
brary Committee, under the superintendence of Henry D. Gilpin, in three 
volumes: 1841. 

Marshal, John. Life of George Washington; with an Atlas: 1832. 

Tucker, George. Life of Thomas Jefferson ; with parts of his Correspondence 
never before published, and Notices of his Opinions on Questions of Civil 
Government, National Policy, and Constitutional Law : 1837. 

Washington. Writings of George Washington ; being his Correspondence, Ad- 
dresses, Messages, and Papers, Official and Private, selected and published 
from the Original Manuscripts ; with a Life of the Author, by Jared Sparks : 
1837. 

NEWSPAPERS. 

Bache's General Advertiser, 1795-6-7. 

Bache & Duane's Aurora, from 1798 to 1814 



475 

Brown's Philadelphia Gazette, from 1794 to ISOO. 

Carey's United States Recorder, from 179S to ISOO. 

Dela-ware Gazette. Political Mirror, &c., irom 1798 to ISOO. 

Denniston's Republican Watch Tower, from ISOO to 1809. 

Duane's Weekly Aurora, from 1810 to 1821. 

Dunlap's American Daily Advertiser, from 1791 to 1793. 

Dunlap & Claypole'S American Daily Advertiser, 1794-5. 

Dunlap & Claypole's Pennsylvania Packet, &c., from 1785 to 1789. 

Fenno's Gazette of the United States, from 1789 to 1798. 

Globe, Daily, City of Washington, from 1332 to 1845. 

Madisonian, do. 1S37-8. 

National Intelligencer, do. from 1800 to 1813. 

Do. Daily, from 1S14 to 1847. 

National Journal, Daily, from 1826 to 1831. 
Philadelphia Gazette, &c., 1795 to 1797. 
Richmond Enquirer, 1809 to 1S14. 
United States Telegraph, Daily, 1828 to 1837. 
Universal Gazette, by Samuel Harrison Smith, Philadelphia and Washington 

City, 1793 to 1808. 
Virginia Argus and Enquirer, (bound together,) 1804 to 1808 

Do. do. do. 1797 to 1803, and 1809 to 18ia 

Washington City Gazette, from 1815 to 1826. 

^ POLITICS. 

ADAMS, JOHN. Defence of the Constitutions of Government ofthe United States : 

1787. 
ADAMS, JOHN. History of the Dispute with America, from its Origin in 1754, 

to 1734. 
ADAMS, JOHN QUINCY, Duplicate Letters; The Fisheries and the Missis- 

sippi; Documents relating to the transactions at the Negotiations of Ghent: 

1S22. 
ADAMS & SEW ALL. Novanglus and Massachusettensis, or Political Essays: 

1774-5. 
AMERICAN REMEMBRANCER; or, an Impartial Collection of Essays, Re- 

solves, Speeches, &c., relative to "Jay's Treaty" with Great Britain: 1795. 
AMERICAN GUIDE. Constitutions of the several States : 1833. 
AMES, FISHER. Works ; with his Life and Character : J 809. 
ARISTOTLE. Treatise on Government. Translated from the Greek. Lond. 1778. 
BECCARIA, B. C, Marquis. Meditazioni sullaEconomia Politica. Genoa, 1771. 
CARPENTER, THOMAS. American Senator; or, Report ofthe Debates in the 

Congress ofthe United States in 1796-7. 
DEBATES in first House of Representatives of the United States from 1789 to 

1791 ; by Thomas Lloyd. 
DEBATES and Proceedings in Congress of the United States, from March 4, 

1789, to March 3, 1791 : by Joseph Gales, sen. 
DEBATES in the House of Representatives of the United States, on "Jay's 

Treaty" with Great Britain : 1796 



476 

DEBATES in Congress of the United States on tlie bill for repealing the law "for 

the more convenient organization of the Courts of the United States:" 1802. 
DEBATE in House of Representatives on the Seminole War, in 1819. 
DEBATES in Congress on passage of Bill for removal of the Indians In 1830, 
DICKINSON, JOHN. Political Writings : 1801. 
DIPLOMATIC CORRESPONDENCE of the United States from September 10, 

17S3, to March 4,1789; by Jared Sparks: 1834: 
DUER, WILLIAM A. Outlines of the Constitutional Jurisprudence of the United 

States: 1833. 
D U PONCEAU, PETER S. Brief View of ih e Constitution of the United Stales : 

1834. 
FEDERALIST, on the New Constitution, written in the year 1788, by Hamilton, 

Madison, and Jay; with the Letters of Pacificus and Helvidius, on the Pro- 
clamation of Neutrality of 1793: 1818. 
FRANKLIN, BENJAMIN. Political, Miscellaneous, and Philosophical Pieces: 

1779. 
GALES & SEATON. Register of Debates in Congress from 1824 to 1837. 
GALLATIN, ALBERT. Considerations on the Currency and Banking System 

of the United States: 1831. 
GALLATIN, ALBERT. Sketch of the Finances of the United States : 1796. 
HAMILTON, ALEXANDER. Works ; comprising his most important OiRclal 

Reports; The Federalist ; Pacificus, &c. : 1810. 
HATSELL, JOHN. Precedents of Proceedings in the House of Commons; with 

observations. New edition ; with additions: 1818. 
JACKSON, ANDREW. Annual Messages, Veto Messages, Proclamations, &c., 

from 1829 to 1834. 
JEFFERSON, THOMAS. Manual of Parliamentary Practice, for the use of th.e 

Senate of the United States, with the Rules of the Senate and of the House 

of Representatives; Constitution of the United States, &c.: 1828. 
JOURNAL of Convention that formed the Constitution of the United States : 1787. 
JOURNAL of Convention of Virginia for ratifying same : 1788. 
JOURNAL of the House of Burgesses of Virginia from 1740 to 1774. 
JOURNAL of the House of Delegates of Virginia from 1774 to 1790. 
JOURNAL of the Convention of Massachusetts for framing a Constitution, in 

1779-1780. 
JOURNAL of the Convention of the people of South Carolina in 1832-3. 
JOURNAL of the Convention of New York in 1821. 

JOURNAL of the House of Representatives of Pennsylvania from 1806 to 1816. 
JOURNAL of the Senate and Assembly of New York from 1820 to 183S. 
JOURNALS of the American Congress from 1774 to 1788. 
JOURNALS of the House of Representatives of the United States, from 1789 to 

1847. 
JOURNALS of the Senate of the United States, from 1789 to 1847. 
KEY to both Houses of Parliament ; consisting of Alphabetical Notices of the 

Lords and Commons ; the Regulations and Standing Orders of both Houses; 

with every other species of Information respecting the Constitution, History, 

and Usages of Parliament. London : 1832. 



477 

LOCKE, JOHN. Two Treatises on Government. London: 1S21. 

LOUISIANA. Debates in the Senate of the United States on the Mississippi 
Question. February, 1803. Remarks on the Violation of the Treaty relative 
to the Mississippi River, by Coriolanus and Caniillus. Addresse.s on the 
late cession of Louisiana to the United States. 

LOUISIANA. Message from the President communicating Discoveries in Ex- 
ploring the Missouri, Red River, and Washita, by Lewis, Clark, Sibley, and 
Dunbar; w^itli a Statistical Account of the Countries adjacent : 1S06. 

McCULLOCH, J. R. Dictionary, Practical, Theoretical, and Historical, of Com- 
merce and Commercial Navigation ; illustrated with Maps, with Supple- 
ment thereto to 1835. 

MADISON, JAMES. Letters to Mr. Monroe on Impressment, Colonial trade, 
&c., extracts from and enclosures in the letters of Mr. Monroe. 1808. 

MADISON, JAMES. Letters to Messrs. Monroe and Pinckney, with their com- 
munications to the Secretary of State, relative to the treaty of 1806. 1808. 

MAGNA CHARTA. MS. copy. 

AIALTHUS, T. R. Definitions in Political Economy. London, 1828. 

Essay on the Principles of Population. Lond. 1S06. 
Additions thereto. Lond. 1831, 

Inquiry into the Nature and Progress of Rent. Lond. 1815. 
Principles of Political Economy considered, with a view to 
their practical application. Lond. 1836. 

MANUAL of the Practice of Parliament, in passing Public and Private Bills, 
with Standing Orders of both Houses, from 1685 to 1829. Lond. 1829. 

MARYLAND. Proceedings of the Conventions of the Province of Maryland, 
held at Annapolis in 1774, 1775, 1776. 

MONROE, JAMES. View of the conduct of the Executive in the Foreign Af- 
fairs of the United States, as connected with the mission to the French 
Republic in 1794. 

MONROE, JAMES. Correspondence relative to the British Treaty of 1806. 

MONTESQUIEU, C. de Secondat, Baron de. CEuvres ; 1767. 

Spirit of Laws, translated by Thomas Nugent: 1823. 

MOSES, MYER. Commercial Directory and a Digest of the Laws of the United 
States relating to Commerce ; including a Tariff, or Rates of Duties and 
Tables of Calculation, applicable to all manufactures of wool or cotton im- 
ported into the United States : 1830. 

NEW JERSEY. Journal of Provincial Congress ; of the Convention ; Committee 
of Safety ; Ordinance for regulating the Militia, in 1775. 

NEW YORK. Journals and Documents of the Senate and Assembly of the State 
of New York, from 1820 to 1838. 

NORTH CAROLINA. Declaration of Independence by the citizens of Mecklen- 
burg county, on May 20, 1775, with accompanying documents and proceed- 
ings of the Cumberland Association, and proceedings of the Provincial 
Congress of North Carolina at Halifax, April 4, 1776. 

NORTH CAROLINA. Proceedings and Debates of the Convention to amend 
the Constitution in 1835. 



478 

ORDERS. Essential and fundamental Rules, &c., of the House of Commons, re- 
lating to their Forms of Proceedings, Privileges, &c. : 1756. 

ORDERS on Controverted Elections and Returns : 1741. 

PAMPHLETS, POLITICAL, in relation to the Revolutionary v^^ar of the United 
States of America, from 1765 to 1781. 

PAMPHLETS, POLITICAL. The same by A. Hamilton, J. Madison and others; 
also, Plea for the poor soldiers who really and actually supported the burden 
of the war. — [With a large collection made by Mr. Jefferson of Political 
Pamphlets on various exciting and interesting subjects, which in turn 
agitated the public mind, from 179S to 1812, several of which were written 
by himself, J. Madison, A. Hamilton, E. Randolph, A. Gallatin, R. G. Har- 
per, De Witt Clinton, W. C. Nichols, C. Pinckney, R. H. Lee, Oliver Wol- 
cott, John Adams, Samuel Adams, T. Pickering, S. Smith, W. Giles, Earl 
of Buchan, Mr. Leigh, of Dinwiddle, James Monroe, and many other dis- 
tinguished statesmen, as well as other political writers and Editors of 
public Journals.] 

PITKIN, TIMOTHY. Statistical view of the Commerce of the United States; 
Banks, Manufactures, and Internal Trade and Improvements ; also Revenue 
and Expenditures of the General Government: 1835. 

POLITICAL CLASSICS, viz. : Algernon Sidney's Discourses on Government, 
with his letters and memoirs of his life, &c. : 1795. 

PRESIDENTS' ADDRESSES and Messages, from 17S9 to 1837. 

RAWLE, AVILLIAM. View of the Constitution of the United States : 1829. 

REGISTER OF OFFICERS and Agents, Civil, Military and Naval, in the ser 
vice of the United States in 1802, the same from 1816 to 1845. 

REPORTS of the Secretary of the Treasury on the Finances, from 1790 to 
1836. 

SAY, J. B. Catechism of Political Economy, letters to Malthus, Traite d'Economie 
Politique, Treatise on Political Economy ; translated from the French, with 
notes : 1821. 

SECRET JOURNALS of the Acts and Proceedings of Congress, from the first 
meeting in 1774, to the dissolution of the Confederation, in 1789. 

SEYBERT, ADAM. Statistical Annals ; embracing views of the Population, 
Commerce, Fisheries, Public Lands, Revenues, Mint, &c.: 1818. 

STORY, JOSEPH. Commentaries on the Constitution of the United States, with 
a Preliminary Review^ of the Constitutional History of the Colonies and 
States, before the adoption of the Constitution: 1833. 

STORY, JOSEPH. Constitutional Class Book, being a brief exposition of the 
Constitution: 1834. 

TEXAS. Constitution of the Republic of Mexico and of the State of Coahuila 
and Texas : 1832. 

TENNESSEE. Description of this State and its constitution : 1796. 

TRACTS. Considerations on the Society or Order of Cincinnati: 17S3. 

VINDICATION of Edmund Rg^ndolph's Resignation: 1795. 

VIRGINIA and Kentucky resolutions of 1798 and 1799, with T. Jefferson's ori- 
ginal draught thereof: also Madison's report ; Calhoun's address : 1832. 



479 

VIRGINIA. Proceedings of the Convemion of Delegates for the Counties and 
Corporations in the Colony of Virginia, held in Richmond, March 20, 1775: 
1816. 

WAIT'S Slate Papers and Public Documents of the United States, from 1739 to 
1S13. 

WATTERSTON AND VAN ZANDT. Tabular Statistical Views of the Com- 
merce, &c., of the United States: 1829. — Continuation of the same: 1833. 

YATES, ROBERT. Secret Proceedings and Debates of the Convention which 
formed the Constitution of the United States: 1S21. 

CLASS No. 21. 
DEPARTMENT OF STATE. 
The eminent statesmen who have from time to time occupied the 
highly important and responsible station of Secretary of State, have not 
been unmindful of the utility of providing for themselves and their suc- 
cessors in office, a choice and valuable collection of books, maps, charts, 
and atlases appropriate to the peculiar business of the Department, and 
indispensable in the performance of their extensive and varied duties, as 
well as others in various branches of the liberal arts, literature and 
science. The limited design of this volume will not admit of the inser- 
tion of more than the general heads, and a reference to a few volumes 
of general public utility of this collection :— 

GENERAL HEADS. 

Ancient history — Modern history. Foreign, British and American — Biography 
and Memoirs — Natural history — Botany — Mineralogy and Geology — Natural 
philosophy — Agriculture and Horticulture — Chemistry — Anatomy and Surgery — 
Medicine — Occupations of Man, Technical Arts, Education, Roads and Canals, 
Military Tactics — Mental Philosophy and Ethics — Religion — Law of Nature and 
Nations — Laws of the United States — Laws of the several States and Territories 
— JuRiSPUUDENCE ; Comprehending^ Law in general, the Civil Law, the Law of 
Equity, the Common Law^, Constitutional Law, the Law Merchant and Maritime, 
the Law Military and the Law Ecclesiastical — Jurisprudence; comprehending, 
English and American Reports of Cases — Foreign Law — Politics; comprehend- 
ing, Diplomacy, Treaties, Negotiations, Constitutions or forms of Government, 
Statistics, Commerce, Finance, Political Economy, Journals and histories of 
Legislative Bodies, Foreign State Papers, Political Pamphlets and General 
Treatises — Politics ; comprehending American State Papers and Political 
Pamphlets — Mathematics— Arts and Sciences — Geography ; comprehending, 
General Geography, Voyages and Travels — Geography; comprehending, At- 
lases, Maps and Charts — Philology; comprehending, Dictionaries, Lexicons, 
Grammars and Elementary works — Oratory and Rhetoric — Magazines, Reviews 
and Political Journals — Miscellaneous. 

Of these, particular reference will be made only to the following:-^ 

44* 



480 

LAW OF NATURE AND OF NATIONS. 

ARNOULD. Systfeme Maritime et Politique des Europeans, pendent le dix- 
huitifiine sificle, fonde sur leurs Traites de Pais, de Commerce, et Naviga- 
tion : 1797. 

BOUCHER. Consulat de la Mer, ou Pandectes du Droit Commercial et Maritime : 
1494. Printed, 1808. 

BOUCHER. Institution au Droit Maritime: 1803. 

BURLAMAQUI. Principes du Droit de la Nature et des Gens. The same trans- 
lated into English, by Nugent : 1823. 

BURLAMAQUI. Elemens du Droit Nature], par Burlamaqui; et Devoirs de 
L'Homme et du Citoyen, tels qu'ils lui sont prescrits par la Loi Naturelle, 
traduits du Latin de Pufendorf par Barbeyrac, avec les Notes du Traduc- 
teur et le judgement de Leibnitz : 1820. 

CORNELII Van Bynkershoek, Opera : 1752. 

CODIGO de las Costumbres Maritimas de Barcelona, hasta aqui. vulgarmente 
Llamado Libro del Consulado : por D. Antonio de Capmany, y de Mon- 
palan. Madrid : 1791. 

GROTIUS'S rights of War and Peace, including the Law of Nature and Nations . 
translated from the original Latin, with Notes and illustrations from the 
best political and legal writers. — [In French, 1724, and English, 1814.] 

HEINECCIUS, Scriptores de Jure Maritimo : 1740. 

JACOBSEN'S Laws of the Sea, w^ith reference to Maritime Commerce during 
peace and war : 1818. — [In German and English.] 

LE BRUN. Libertad de los Mares : 1820. 

LENOUVEAU VALIN, ou Code Commercial Maritime par Sanfourche-La- 
porte: 1809. 

MABLY. Le Droit public de L'Europe fond^ sur les Traites : 1764. 

MARTENS'S Summary of the Law of Nations, with a list of the principal Treaties 
concluded since 1748 down to the present time, indicating the works in 
which they are to be found ; translated from the French by William Cob- 
bett: 1795. 

MARTENS. Guide Diplomatique ou traite des droits, des immunites et des 
devoirs, des Ministres publics, des agens diplomatiques el consulaires, 
dans toute I'etendue de leurs fonctions, precede de considerations generalcs 
sur I'etude de la diplomatic; suivi d'un traite du style des compositions 
diplomatique, d'une bibliographic diplomatique choisie, etc. etc. Paris : 
1837. 

PEUCHET, Du Commerce des Neutres en temps de Guerre, traduit de L'ltalien 
de Lampredi : 1802. 

PUFENDORFII de Jure Naturae et Gentium. Libri octo : 1698. 

RUTHERFORD'S Institutes of Natural Law: 1799. 

SYSTEME Universel des principes de Droit Maritime de L'Europe, par D. A. 
Azuni, traduit d'ltalien par M. Digeon : 1798. 

TRATADO JURIDICO-POLITICO, sobre Pressas de Mar, y calidades que deben 
concurrir para hacerse legitimamente el Corso : su Autor Don Felix 
Joseph de Abreu, y Bertodano. Cadiz : 1746. 



481 

VALIN- Nouveau Commentaire sur L'Ordonnance de la Marine : 1681. 

VATTEL'S Law of Nations ; or principles of the Law of Nature, applied to the 
conduct and affairs of Nations and Sovereigns. — [In French, 1775, and 
• English, 1820.] 

WARD'S Inquiry into the foundations and history of the Law of Nations in Eu- 
rope, from the time of the Greeks and Romans, to the age of Grotius : 1795. 

UrENCKII Codex Jurisgentium. 

WHEATON'S Digest of the Law of iMaritime Captures and Prizes : 1815. 
Elements of International Law: 1846. 

WICQUEFORT'S Ambassador and his functions : to which is added an his- 
torical Discourse concerning the electionof the Emperor, and the Electors , 
translated into English by Mr. Digby. 

MISCELLANEOUS BOOKS. 

ELLIOT'S Diplomatic Code of the United States of America: embracing a col- 
lection of Treaties and Conventions between the United States and Foreign 
Powers, from 1778 to 1827. 

HALL'S Observations on the Warehousing System and Navigation Laws, &c. : 
1821. 

HAMILTON'S (Alexander) Works, printed in 1810. 

HATSELL'S Precedents of Proceedings in the House of Commons; with obser- 
vations: 1786. 

LORD'S Principles of Currency and Banking. New York : 1829. 

McARTHUR'S Financial and Political Facts of the 18th Century : 1801. 

MALTHUS'S Principles of Political Economy : 1821. 

Essay on the Principle of Population: 1809. 

PHILLIPS'S Manual of Political Economy : 1828. 

RAYMOND'S Elements of Political Economy : 1823. 

SAY'S Treatise on Political Economy, translated from the French : 1827. 
Catechism of Political Economy, do. : 1816. 

STHDMORE'S Rights of Man to Property: 1829. 

SMITH'S Inquiry into the Nature and Causes of the Wealth of Nations, with 
Notes and Supplementary Chapters, by William Playfair : 1818. 

TAYLOR'S Construction Construed, and Constitutions Vindicated : 1820. 

THE DIPLOMACY of the United States : being an account of the Foreign Rela- 
tions of the country, from 1778 to 1814. Printed in 1826. 

A DIGEST of the Commercial Regulations of the different Foreign Nations with 
w^hich the United States have intercourse : 1824. 

A GENERAL Outline of the United States of North America, her Resources and 
Prospects, with a Statistical Comparison, showing the advances made in 
National Opulence in thirty years : 1823. 

NOVANGLUSANDMASSACHUSETTENSIS, or Political Essays, published 
in 1774 and 1775, on the principal points of controversy between Great Bri- 
tain and her colonies : the former by John Adams, the latter by Jonathan 
Sewall : 1819. 

PITKIN'S Statistical View of the Commerce of the United States cf America, 
its connection with Agriculture and Manufactures : 1817. 



482 

POLITICAL MISCELLANIES, compiled by W. B. Giles : 1829. 

SELECT PAMPHLETS, consisting- of an exposition of the causes and character 
of the war ; and an examination of the British Doctrine which subjects to 
capture a Neutral Trade not open in time of peace: 1815. 

SEYBERT'S Statistical Annals of the United States of America: 1818. 

THE AMERICAN REMEMBRANCER, or an Impartial collection of Essays, Re- 
solves, Speeches, &c., relative to the Treaty (Jay's) with Great Britain: 1795. 

THE DIPLOMATIC Correspondence of the American Revolution. By Jared 
Sparks : 1829. 

THE DUPLICATE LETTERS; the Fisheries, and the Mississippi: documents 
relating to transactions at the negotiations of Ghent, collected and published 
by John Quincy Adams : 1822. 

WAIT'S State Papers, and public documents of the United States : 1819. 

WATTERSTON AND VAN ZANDT'S Tabular Statistical Views of the United 
States: 1829. 

BLOUNT'S Historical Sketch of the formation of the Confederation, particularly 
with reference to the Provincial Limits and the Jurisdiction of the General 
Government over Indian tribes and the public territory : 1S25. i 

DEBATES and other Proceedings of the Convention of Virginia, convened in 
June, 1788, for the purpose of deliberating on the Constitution of the United 
States: 1805. 



483 



CHAPTER 12. 

ARTICLES OF CONFEDERATION AND PERPETUAL UNION 
BETWEEN THE STATES. 

(See remarks, Chapter 2, pages 129 to 131, and residue of that Chapter. 
" Chapter 10, pages 397, 398, and 406 to 421.) 

<J ti/c- pcttoiiMuO' li/Ci/ive o-e-eiv cliii/oalui/ conijvci/'ieo iv-dlv Uve oUci/iH/CU 
QA9lbi/cte{> op AOo-H/peo-eVci/bi/O-ii/ iw tli/& Wi^e-ivci/lbni/eii/b o-t otci/b&, cui/U 
Poiuio bo oo-ii/po-iniy uvuvi^beui/ bo blveni/ uv bcoot, Icbbelj cwvo [tuii'C'tiwX'bi/Oii/. 
q) b nvcviy bli/e^/eto-Ve u-e Vetteo itjv&iv a-b cu bttte oo-liit/. 

TO ALL TO WHOM THESE PRESENTS SHALL COME, 
WE THE UNDERSIGNED DELEGATES OF THE STATES 
AFFIXED TO OUR NAMES, SEND GREETING.— Whereas the 
Delegates of the United States of America in Congress assembled did on 
the 15th day of November in the Year of our Lord 1777, and in the 
Second Year of the Independence of America agree to certain articles 
of Confederation and perpetual Union between the States of New Hamp- 
shire, Massachusetts-bay, Rhode-island and Providence Plantations, 
Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Mary- 
land, Virginia,. North-Carolina, South- Carolina, and Georgia, in the 
words following, viz. 

"ARTICLES OF CONFEDERATION AND PERPETUAL UNION 
BETWEEN THE STATES OF NEW-HAMPSHIRE, MASSA- 
CHUSETTS-BAY, RHODE-ISLAND AND PROVIDENCE PLAN- 
TATIONS, CONNECTICUT, NEW- YORK, NEW-JERSEY, PENN- 
SYLVANIA, DELAWARE, MARYLAND, VIRGINIA, NORTH- 
CAROLINA, SOUTH-CAROLINA, AND GEORGIA. 

ARTICLE I. The Stile of this confederacy shall be "The United 
States of America." 

ARTICLE II. Each state retains its sovereignty, freedom and itide- 
pendence, and every Power, Jurisdiction and right, which is not by this 
confederation expressly delegated to the united states, in congress 
assembled. 



484 

ARTICLE III. The said states hereby severally enter into a firm 
league of friendship with each other, for their common defence, tlie 
security of their Liberties, and their mutual and general welfare, bind- 
ing themselves to assist each other, against all force offered to, or attacks 
made upon them, or any of them, on account of religion, sovereignty, 
trade, or any other pretence whatever. 

ARTICLE IV. The better to secure and perpetuate mutual friend- 
ship and intercourse among the people of the different states in this 
union, the free inhabitants of each of these states, paupers, vagabonds, 
and fugitives froixi Justice excepted, shall be entitled to all privileges 
and immunities of free citizens in the several states ; and the people of 
each state shall have free ingress and regress to and from any other 
state, and shall enjoy therein all the privileges of trade and commerce, 
subject to the same duties, impositions and restrictions as the inhabitants 
thereof respectively, provided that such restriction shall not extend so 
far as to prevent the removal of property imported into any state, to any 
other state of which the Owner is an inhabitant ; provided also that no 
imposition, duties or restriction shall be laid by any state, on the pro- 
perty of the united states, or either of them. 

If any person guilty of, or charged with treason, felony, or othea: higti 
misdemeanor in any state, shall flee from Justice, and be found in any 
of the united states, he shall upon demand of the Governor or executive 
power, of the state from which he fled, be delivered up and removed 
to the state having jurisdiction of his offence. 

Full faith and credit shall be given in each of these states to the re- 
cords, acts and judicial proceedings of the courts and magistrates of 
every other state. 

ARTICLE V. For the more convenient management of the general 
interest of the united states, delegates shall be annually appointed in 
such manner as the legislature of each state shall direct, to meet in con- 
gress on the first Monday in November, in every year, with a power 
reserved to each state, to recal its delegates, or any of them, at any time 
within the year, and to send others in their stead, for the remainder of 
the Year. 

No state shall be represented in congress by less thnn two, nor by 
more than seven members ; and no person shall be capable of being a 
delegate for more than three years in any term of six years ; nor shall 
any person, being a delegate, be capable of holding any office under the 
united states, for which he, or another for his benefit receives any salary, 
fees or emolmiient of any kind. 

Each state shall maintain its own delegates in any meeting of the 
states, and while they act as members of the committee of the states. 

In determining questions in the united states, in congress assembled, 
each state shall have one vote. 

Freedom of speech and debate in congress shall not be impeached or 
questioned in any Court, or place out of congress, and the members of 
congress shall be protected in their persons from arrests and imprison- 



485 

inents, during the time of their going to and from, and attendance on 
congress, except for treason, felony, or breach of the peace. 

ARTICLE VI. No state without the Consent of the united states in 
congress assembled, shall send any embassy to, or receive any embassy 
from, or enter into any conference, agreement, alliance or treaty with 
any King prince or state ; nor shall any person holding any office of 
profit or trust under the united states, or any of them, accept of any pre- 
sent, emolument, office or title of any kind whatever fxom any king, 
prince or foreign state ; nor shall the united states in congress assembled, 
or any of them, grant any title of nobility. 

No two or more states shall enter into any treaty, confederation or 
alliance whatever between them, without the consent of the united states 
in congress assembled, specifying accurately the purposes for which the 
same is to be entered into, and how long it shall continue. 

No state shall lay any imposts or duties, which may interfere with 
any stipulations in treaties, entered into by the united states in congress 
assembled, with any king, prhice or state, in pursuance of any treaties 
already proposed by congress, to the courts of France and Spain. 

No vessels of war shall be kept up in time of peace by any state, ex- 
cept such number only, as shall be deemed necessary by the united 
states in congress assembled, for the defence of such state, or its trade; 
nor shall any body of forces be kept up by any state, in time of peace, 
except such number only, as in the judgment of the -united states, in 
congress assembled, shall be deemed requisite to garrison the forts ne- 
cessary for the defence of such state ; but every state shall always keep 
up a well regulated and disciplined militia, sufficiently armed and ac- 
coutred, and shall provide and have constantly ready for use, in public 
stores, a due number of field pieces and tents, and a proper quantity of 
arms, ammunition and camp equipage. 

No state shall engage in any war without the consent of the united 
states in congress assembled, unless such state be actually invaded by 
enemies, or shall have received certain advice of a resolution being 
formed by some nation of Indians to invade such state, and the danger 
is so imminent as not to admit of a delay, till the united states in con- 
gress assembled can be consulted : nor shall any state grant commissions 
to any ships or vessels of war, nor letters of marque or reprisal, except 
it be after a declaration of war by the united states in congress assembled, 
and then only against the kingdom or state and the subjects thereof, 
against which war has been so declared, and under such regulations as 
shall be established by the united states in congress assembled, unless 
such state be infested by pirates, in which case vessels of war may be 
fitted out for that occasion, and kept so long as the danger shall con- 
tinue, or until the united states in congress assembled shall determine 
otherwise. 

AUTICLE VII. When land-forces are raised by any state for tho 
common defence, all officers of or under the rank of colonel, shall be 
appointed by the legislature of each state respectively by whom such 



486 

forces shall be raised, or in such manner as such state shall direct, and 
all vacancies shall be filled up by tlie state which first made the ap- 
pointment. 

ARTICLE VIII. All charges of war, and all other expenses that 
bhall be incurred for the common defence or general welfare, and allowed 
by the united states in congress assembled, shall be defrayed out of a 
common treasury, which shall be supplied by the several states, in pro- 
portion to the value of all land within each state, granted to or surveyed 
for any Person, as such land and the buildings and improvements 
thereon shall be estimated according to such mode as the united states 
in congress assembled, shall from time to time, direct and appoint. The 
taxes for paying that proportion shall be laid and levied by the authority 
and direction of the legislatures of the several states within the time 
agreed upon by the united states in congress assembled. 

ARTICLE IX. The united states in congress assembled, shall have 
the sole and exclusive right and power of determining on peace and 
war, except in the cases mentioned in the 6th article — of sending and 
receiving ambassadors — entering into treaties and alliances, provided 
that no treaty of commerce shall be made whereby the legislative power 
of the respective states shall be restrained from imposing such imposts 
and du.ties on foreigners, as their own people are subjected to, or from 
prohibiting the exportation or importation of any species of goods or 
commodities whatsoever — of establishing rules for deciding in all cases, 
what captures on land or water shall be legal, and in what manner 
prizes taken by land or naval forces in the service of the united states 
shall be divided or appropriated — of granting letters of marque and 
reprisal in times of peace — appointing courts for the trial of piracies and 
felonies committed on the high seas and establishing courts for receiving 
and determining finally appeals in all cases of captures, provided that 
no member of congress shall be appointed a judge of any of the said 
courts. 

The united states in congress assembled shall also be the last resort 
on appeal in all disputes and differences now subsisting or that here- 
after may arise between two or more states concerning boundary, juris- 
diction or any other cause whatever; which authority shall always be 
exercised in the manner following. Whenever the legislative or execu- 
tive authority or lawful agent of any state in controversy with another 
shall present a petition to congress, stating the matter in question and 
praying for a hearing, notice thereof shall be given by order of congress 
to the legislative or executive authority of the other state in controversy, 
and a day assigned for the appearance of the parties by their lawful 
agents, who shall then be directed to appoint by joint consent, commis- 
sioners or judges to constitute a court for hearing and determining the 
matter in question : but if they cannot agree, congress shall name three 
persons out of each of the united states, and from the list of such per- 
sons each party shall alternately strike out one, the petitioners beginning, 
until the number shall be reduced to thirteen: and from that numbei 



487 

not less than seven, nor more than nine names as congress shall direct, 
shall in the presence of congress be dra\vn out by lot, and the persons 
whose names shall be so drawn or any five of them, shall be commis- 
sioners or judges, to hear and finally determine the controversy, so 
always as a major part of the judges who shall hear the cause shall 
agree in the determination : and if either party shall neglect to attend 
at the day appointed, without showing reasons, which congress shall 
]udge sufficient, or being present shall refuse to strike, the congress shall 
proceed to nominate three persons out of each state, and the secretary 
of congress shall strike in behalf of such party absent or refusing ; and 
the judgment and sentence of the court to be appointed, in the manner 
bsfore prescribed, shall be final and conclusive ; and if any of the par- 
ties shall refuse to submit to the authority of such court, or to appear or 
defend their claim or cause, the court shall nevertheless proceed to pro- 
nounce sentence, or judgment, which shall in like manner be final and 
decisive, the judgment or sentence and other proceedings being in either 
case transmitted to congress, a d lodged among the acts of congress for 
the security of the parties concerned : provided that every commissioner, 
before he sits in judgment, shall take an oath to be administered by one 
of the judges of the supreme or superior court of the state, where the 
cause shall be tried, " well and truly to hear and determine the matter 
in question, according to the best of his judgment, without favour, affec- 
tion or hope of reward :" provided also that no state shall be deprived 
of territory for the benefit of the united states. 

All controversies concerning the private right of soil claimed under 
different grants of two or more states, whose jurisdictions as they may 
respect such lands, and the states which passed such grants are ad- 
justed, the said grants or either of them being at the same time claimed 
to have originated antecedent to such settlement of jurisdiction, shall on 
the petition of either party to the congress of the united states, be finally 
determined as near as may be in the same manner as is before pre- 
scribed for deciding disputes respecting territorial jurisdiction between 
different states. 

The united states in congress assembled shall also have the sole and 
exclusive right and power of regulating the alloy and value of coin 
struck by their own authority, or by that of the respective states — fixing 
the standard of weights and measures throughout the United States — • 
regulating the trade and managing all affairs with the Indians, not mem- 
bers of any of the states, provided that the legislative right of any state 
within its own limits be not infringed or violated — establishing or regu- 
lating post-offices from one state to another, throughout all the united 
states, and exacting such postage on the papers passing thro' the same 
as may be requisite to defray the expenses of the said office — appointing 
all officers of the land forces, in the service of the united states, except- 
ing regimental officers — appointing all the officers of the naval forces, 
and commissioning all officers whatever in the service of the united 
states — making rules for the government and regulation of the said laiid 
and naval forces, and directing their operations. 

45 



488 

Tlie united states in congress assembled shall have authority to ap- 
point a committee, to sit in the recess of congress, to be denominated 
" A Committee of the States," and to consist of one delegate from each 
state ; and to appoint such other committees and civil officers as may 
be necessary for managing the general affairs of the united states under 
their direction — to appoint one of their number to preside, provided that 
no person be allowed to serve in the office of president more than one 
year in any term of three years ; to ascertain the necessary sums of 
Money to be raised for the service of the united states, and to appropri- 
ate and apply the same for defraying the public expenses — to borrow 
money, or emit bills on the credit of the united states, transmitting every 
half year to the respective states an account of the sums of money so 
borrowed or emitted, — to build and eqiiip a navy — to agree upon the 
number of land forces, and to make reqtiisitions from each state for its 
quota, in proportion to the number of white inhabitants in such state ; 
which requisition shall be binding, and thereupon the legislatvire of each 
state shall appoint the regimental officers, raise the men and cloath, arm 
and equip them in a soldier like manner, at the expense of the united 
states ; and the officers and men so cloathed, armed and equijiped siiall 
march to the place appointed, and within the time agreed on by the 
united states in congress assembled ; But if the united states in congress 
assembled shall, on consideration of circumstances judge proper that 
any state should not raise men, or should raise a smaller number than 
its quota, and that any other state should raise a greater number of men 
than the quota thereof, such extra number shall be raised, officered, 
cloathed, armed and equipped in the same manner as the quota of such 
state, unless the legislature of such state shall judge that such extra num- 
ber cannot be safely spared out of tlie same, in which case they shall 
raise officer, cloath, arm and • equip as many of such extra number as 
they judge can be safely spared. And the officers and men so cloathed, 
armed and equipped, shall march to the place appointed, and within 
the tinie agreed on by the united states in congress assembled. 

The united states in congress assembled shall never engage in a war, 
nor grant letters of marque and reprisal in time of peace, nor enter into 
any treaties or alliances, nor coin money, nor regulate the value thereof, 
nor ascertain the sums and expenses necessary for the defence and 
welfare of the united states, or any of them, nor emit bills, nor borrow 
money on the credit of the united states, nor approrpiate money, noi 
agree upon the number of vessels of w^ar, to be built or purchased, or 
the number of land or sea forces to be raised, nor appoint a commander 
in chief of the army or navy, unless nine states assent to the same : nor 
shall a question on any other point, except for adjourning from day to 
day be determined, unless by the votes of a majority of the united states 
in congress assembled. 

The Congress of the united states shall have power to adjourn to any 
time within the year, and to any place within the united states, so that 
no period of adjournment be for a longer duration than the space of six 
months, and shall pv;blish the Journal of their proceedings monthly, ex- 



489 

cept such parts thereof relatuig to treaties, alliances or military opera- 
tions, as in their judgment require secrecy ; and the yeas and nays of 
the delegates of each state on any question shall be entered on the Jour- 
nal, when it is desired by any delegate ; aiid the delegates of a state, or 
any of them, at his or their request shall be furnished with a transcript 
of the said Journal, except such parts as are above excepted, to lay be- 
fore the legislatures of the several states. 

ARTICLE X. The committee of the states, or any nine of them, shall 
be authorized to execute, in the recess of congress, such of the powers 
of congress as the united states in congress assembled, by the consent 
of nine states, shall from time to time think expedient to vest them 
with ; provided that no power be delegated to the said committee, for 
the exercise of which, by the articles of confederation, the voice of nine 
states in the congress of the united states assembled is requisite. 

ARTICLE XI. Canada acceding to this confederation, and joining in 
the measures of the united states, shall be admitted into, and entitled to 
all the advantages of this union : but no other colony shall be admitted 
into the same, unless such admissioii.be agreed to by nine states. 

ARTICLE XII. All bills of credit emitted, monies borrowed and 
debts contracted by, or under the authority of congress, before the assem- 
bling of the united states, in pursuance of the present confederation, 
shall be deemed and considered as a charge against the united states, 
for payment and satisfaction whereof the said united states, and tlie 
public faith are hereby solemnly pledged. 

ARTICLE XIII. Every state shall abide by the determinations of 
the united states in congress assembled, on all questions which by this 
confederation is submitted to them. And the Articles of this confedera- 
tion shall be inviolably observed by every state, and the union shall be 
perpetual ; nor shall any alteration at any time hereafter be made in 
any of them ; unless such alteration be agreed to in a congress of the 
united states, and be afterwards confirmed by the legislatures of every 
state. 

^nd Whereas it hath pleased the Great Governor of the World to in- 
cline the hearts of the legislatures we respectively represent in congress, 
to approve of, and to authorize us to ratify the said articles of confedera- 
tion and perpetual union. Know Ye that we the undersigned delegates, 
by virtue of the power and authority to us given for that purpose, do by 
these presents, in the name and in behalf of our respective constituents, 
fully ana entn-ely ratify and confirm each and every of the said articles 
of confederation and perpetual union, and all and singular the matters 
and things therein contained: And we do further solemnly plight and 
engage the faith of our respective constituents, that they shall abide by 
the determinations of the united states, in congress assembled, tin all 
questions, which by the said confederation are submitted to them. And 
that the articles thereof shall be inviolably observed by the states we 
respectively represent, and that the union shall be perpetual. In wit 
ness whereof we have hereunto set our hands in Congress. Done at 



490 



Philadelphia in the state of Pennsylvania the 9th Day of July in the 
Year of our Lord, 1778, and in the 3d year of the Independence of 
America. 



Josiali Bartlett, 

John Hancock, 
Samuel Adams, 
El bridge Gerry, 

William Ellery, 
Henry Marcliant, 

Eoger Sherman, 
Samuel Huntington, 
Oliver Wolcott, 

Jas Duane, 
Fras Lewis, 

Jno Witherspoon, 

Robt Morris, 
Daniel Roherdeaii, 
Jona Bayard Smith, 

Tho. M'Kean, Feb. 12, 1779. 
John Dickinson, May 5, 1779, 

John Hanson, 
March 1st, 1781, 

Richard Henry Lee, 
John Banister, 
Thomas Adams, 
John Penn, 
July 21st, 1778, 

Henry Laurens, 
William Henry Drayton, 
Jno Matthews, 

Jno Walton, 
24th July, 1778, 



-John Wentworth, jun. ) On the part and behalf of the 



August 8th, 1778, 

Francis Dana, 
James Lovell, 
Samuel Holten, 

John Collins, 



Titus Hosmer, 
Andrew Adam, 

William Duer, 
GouYi" Morris, 

Nath,! Scudder, 

William Clingan, 
Joseph Reed, 
2'Jd July, 1778, 

Nicholas Van Dyke, 

Daniel Carroll, 
March 1st, 1781, 

Jno Harvie, 

Francis Lightfoot Lee, 

Corns Harnett, 
Jno Williams, 

Richd Hutson, 
Thos. Heyward, jun. 

Edwd Telfair, 
Edwd Langworthy, 



) state of New Hampshire. 

On the part and behalf of the 
state of Massachusetts-Bay. 



On the part and behalf of the 
state of Rhode-Island and 
ProTidence Plantations. 

On the part and behalf of the 
state of Connecticut. 



} 



) On the part and behalf of the 
I state of New-York. 

"I On the part and behalf of the 
> state of New-Jersey, Novem- 
j ber 26th, 1778. 



On the part and behalf of the 
state of Pennsylvania. 



} 



) On the part and behalf of the 
J state of Delaware. 

\ On the part and behalf of the 
J state of Maryland. 

On the part and behalf of the 
state of Yirginia. 

? On the part and behalf of the 
) state of North-Carolina. 

On the part and behalf of the 
state of South-Carolina. 



\ On the part and behalf of the 
j" state of Georgia. 



THE THIRTY-FIRST CONGRESS OF THE UNITED STATES. 



THE SENATE. 

WiLtiAM R. King, President pro tempore of the Senate. 
Asbury Dickens, Secretary of the Senate. 

SENATORS FKOM THE SEVERAL STATES, WITH THEIR PLACES OF RESIDENCE OR PoST OFFICES, 

RESPECTIVELY. 



John P. Hale, Dover. 

John Davis, Worcester. 

Albert C. Greene, Providence. 
Roger S. Baldwin, New Haven, 



iVew Hampshire. 

Moses Norris, Manchester. 

Massachusetts. 

Robert C. Wicthrop, Boston. 

Hhode Island. 

John H. Clarke, Providence. 

Connecticut. 

Truman Smith, Litchfield. 



401 



William TJpham, Montpelier. 



riirmont. 

Sannicl S. Pbelp?, Middlf^bury. 
JVew Ym-l\ 
Daniel S. Dickenson, Binghampton. William II. Seward, Aiilnirn, Ciiyuga fo. 

Kew Jersey. 
William L. Dayton, Trenton. Jacob 'W. Jliller. Morristown. 

Pennsylvania. 
Daniel Sturgeon, Uuiontown. . James Cooper, Pottsville. 

Delaware. 
Presley Spruance, Smyrna. J. Wales, Wilmington. 

Mai^yland. 
James A. Pearce, Chestertown, Kent co. Tbomas G. Pratt, Annapolis. 

Virginia. 
James M. Mason, Winchester. Robert M. T. Hunter, Lloyds, Essex co. 

North Carnliva. 
George E. Badger, Raleigh. Willie P. Mangum, Red Mountain. 

South Carnh'na. 
A. P. Butler, Edgefield Co. IIo. R. 'SV. Barnwell, Beaufort. 

Georgia. 
John Macpherson Berrien, Savannah. William C. Dawson, Greensboro. 

Kaitucly. 

Joseph R. Underwood, Bowling Green. 



Henry Clay, Lexington. 
John Sell, NashTille. 
Thomas Ewing, Lancaster. 
Solomon TJ. Downs, Monroe. 
Jesse D. Bright, Madison. 
Jefferson DaTis, Palmyra. 
Stephen A. Douglass, Chicago. 
William R. King, Selma. 
J. W. Bradbury, Augusta. 
David R. Atchison, Platte city. 
Solon Borland, Hot Springs. 
Lewis Cass, Detroit. 
David L. Yulee, St. Augustine. 
Samuel Houston, Huntsville. 
Henry Dodge, Dodgeville. 
Augustus C. Dodge, Burlington. 
John C. Fremont, San Francisco. 



Tennessee. 

Hopkins L. Turney, Winchester. 

' Ohio. 

Salmon P. Chase, Cincinnati. 

Louisiana. 

Pierre Soule, New Orleans. 

Indiana. 

James Whitcomb, Indianapolis. 

Mississix^pr. 

Henry S. Foote, Jackson. 

Illinois. 

James Shields, Belleville. 

Alabama. 

J. Clemens, Huntsville. 

Maine. 

Hannibal Hamlin, Hampden, 

Missouri. 

Thomas H. Benton, St, Lcuis, 

Arkansas. 

William K. Sebastian, Helena. 

Michigan. 

Alpheus Felch, Ann Arbor. 

Florida. 

Jackson Moi'ton, Pensacola, 

Texas. 

Thomas J. Rusk, Nacogdochea. 

Wisconsin. 

Isaac P. Walker, Milwaukie. 

Iowa. 

George W. Jones, Du Buque. 

Califo7-nia. 

William M. Gwin, San Francisco. 
45* 



492 



HOUSE OF REPKESENTATIVES. 

Howell Cobb, of Georgia, Speaker. 
Michard M. Young, Clerk. 

Eepresentatives from the several States for the Districts as numbered, and Delegates 
from the several Territories, with their places of residence, or Post Offices, respec- 
tively. 

New Hampshire. 

3. James Wilson, Ke.ene. 



1. Amos Tuck, Exeter. 

2. Charles H. Peasler, Concord. 

1. Samuel A. Elliot, Boston. 
2. 

3. James H. Duncan, Haverhill. 
4. 

5. Charles Allen, Worcester. 

1. George G. King, Newport. 



1. 

2, 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 

1. 
2. 
3. 

1. 

2. 
3. 
4. 

5. 



9. 
10. 
11. 
12. 



Loren P. Waldo, Tolland. 
Walter Booth, Meriden. 

William Henry, Bellow's Falls. 
William Hebard, Chelsea. 

John A. King, Jamaica. 
David A. Boker, Brookl}^. 
J. Philips Phoenix, New York. 
Walter Underhill, New York. 
George Briggs, New York. 
James Brooks, New York. 
William Nelson, Peekskill. 
Ransom Halloway, Beekman. 
Thomas McKissock, Newburg. 
Herman D. Gould, Delhi. 
Peter H. Silvester, Coxokie. 
Gideon Reynolds, Hoosick. 
John L. Schoolcraft, Albany. 
George R. Andrews, Ticonderoga. 
John R. Thurman, Chestertown. 
Hugh White, Coboes. 
Henry P. Alexander, Little Falls 

Andrew K. Hay, Winslow. 
William A. Newell, AUentown. 
Isaac Wildrick, Blairstown. 



4. Harry Hibbard, Bath. 

Massachusetts. 

6. George Ashmun, Springfield. 

7. Julius Rockwell, Pittsfield. 

8. Horace Mann, West Newton. 

9. Orin Fowler, Fall River. 

10. Joseph Grinnell, New Bedford. 

Rhode Island. 

2. Nathan F. Dixon, Westerly. 

Connecticut. 

3. C. F. Cleveland, Hampton. 

4. Thomas B. Butler, Norwalk. 

Vermont. 

3. James Meacham, Middlebury. 

4. Lucius B. Peck, Montpelier. 
New York. 

18. Preston King, Ogdensburg. 

19. Charles E. Clarke, Great Bend. 

20. Orsamus B. Mattison, Utica. 

21. Hiram Walden, Waldensville. 

22. Henry Bennett, New Berlin. 

23. William Duer, Oswego. 

24. Daniel Gott, Pompey. 

25. Harmon S. Conger, Cortland Village. 

26. William T. Jackson, Havana. 

27. William A. Sackett, Seneca Falls. 

28. A. M. Schermerhorn, Rochester. 

29. Robert L. Rose, Allen's Hill. 

30. David Rumsey, Jr., Bath. 

31. Elijah Risley, Fredonia. 

32. E. G. Spaulding, Buffalo. 
3C. Harvey Putnam, Attica. 
34. Lorenzo Burrows, Albion. 

New Jersey. 

4. John Vkn Dyke, New Brunswick. 

5. James G. King, Hoboken. 



Lewis C Levin, Philadelphia, 
Joseph R. Chandler, Philadelphia, 
Henry D. Moore, Philadelphia. 
John Robbins, Jr., Philadelphia. 
John Freedley, Norristown. 
Thomas Ross, Doylestown. 
Jesse C. Dickey, New London. 
Tbaddeus Stevens, Lancaster. 
William Strong, Reading. 
Milo M. Dimmick, Stroudsburg. 
Chester Butler, Wilkesbarre. 
David Wilmot, Towanda. 



Pennsylvania. 

13. Joseph Casey, New Berlin. 

14. Charles W. Pitman, Pottsville. 
15. 

16. J. X. McLanahan, Chambersburg. 

17. Samuel Calvin, Hollidaysburg. 

18. A. Jackson Ogle, Somerset. 

19. Job Mann, Bedford. 

20. Robert R. Reed, Washington. 

21. Moses Hampton, Pittsburg. 

22. John W. Howe, Franklin. 

23. James Thompson, Erie. 

24. Alfred Gilmore, Butler. 



493 



Dclaivare. 
John W. Houston, George Town. 

Maryland. 
Richard J. Bowie, Rockville. 4. Robert M. McLane, Baltimore; 

AVilliani T. Hamilton, Hagerstown. 5. Alexander Evans. Elkton. 

Edward Hammond, Ellicott's Mills. 6. John B. Kerr, Easton. 



Vii'ginia. 

9. Jeremiah Morton, Raccoon Ford. 

10. Richard Parker, Berryville. 

11. James McDowell, Lexington. 

12. H. A. Edmundson, Salem, Roanoke en. 

13. Fayette McMullen, Rye Cove. 

14. James M. H. Beale, Point Pleasant. 

15. Thomas S. Haymond, Fairmount. 



John S. Milson, Norfolk. 
Richard K. Meade, Petersburg. 
Thomas H. Averett, Halifax C. H. 
Thomas S. Bocock, Appomattox C. H 
Paulus Powell, Amherst C. H. 
James A. Seddon, Richmond. 
Thomas H. Bayly, Accomac C. H. 
Alexander R. Holladay, Mansfield, Louisa co. 

North Carolina. 
Thomas L. Clingman, Asheville. 6. John R. J. Daniel, Halifax. 

Joseph P. Caldwell, Statesville. 7. William S. Ashe, "Wilmington. 

Edmund Deberry, Mount Gilead. 8. Edward Stanley, Washington. 

A. H. Shepperd, Salem. 9. David Outlaw, Windsor. 

A. W. Tenable, Brownsville. 

South Carolina 



David Wallace, Union C. H. 
James L. Orr, Anderson C. H. 
Joseph A. Woodward, Winsboro. 
John McQueen, Bennettsville. 

Joseph W. Jackson, Savannah. 
M. J. Wellborn, Columbus. 
Allen F. Owen, Talbotton. 
Hugh A. Harralson, La Grange. 



Linn Boyd, Cadiz. 

James L. Johnson, Owenshoro. 

Finis E. McLean, Elkton. 

George Alfred Caldwell, Columbia. 

John B. Thompson, Harrodsburg. 

Daniel Breck, Richmond. 



Armistead Burt, Willington. 

6. Isaac E. Holmes, Charleston. 

7. William F. Colcock, Grahamville. 

Geo7-gia. 

5. Thomas C. Hackett, Rome. 

6. Howell Cobb, Athens. 

7. Alexander H. Stephens, Crawfordsville. 

8. Robert Toombs, Washington. 

Kentucly. 

7. Humphrey Marshall, Drennon's Lick, 
Henry co. 

8. Charles S. Morehead, Frankfort. 

9. John C. Mason, Owingsville. 
•10. Richard H. Stanton, Maysville. 



10. 
11. 



Andrew Johnson, Greenville. 
Albert G. Watkins, Panther Springs 
Josiah M. Anderson, Coop's Creek. 
John H. Savage, Smithville. 
George W. Jones, Fayetteville. 
James H. Thomas, Columbia. 

David T. Disney, Cincinnati. 
Lewis D. Campbell, Hamilton. 
Robert C. Schenck, Dayton. 
Moses B. Corwin, IJrbanna. 
Emery D. Potter, Toledo. 
Amos E. Wood, Woodville. 
Jonathan D. Morris, Batavia. 
John L. Taylor, Chillicothe. 
Edson B. Olds, Circleville. 
Charles Sweetser. Delaware. 
John K. Miller, Mount Vernon. 



Tennessee. 

7. Meredith P. Gentry, Franklin. 

8. Andrew Ewing, Nashville. 

9. Isham G. Harris, Paris. 

10. Frederick P. Stanton, Memphis. 

11. Christopher H. Williams, Lexington. 



Ohio. 

12. Samuel F. Yinton, Gallipolis. 

13. WilUam A. Whittlesey, Marietta. 

14. Nathan Evans, Cambridge. 

15. William F. Hunter, Woodsfield. 

16. Moses Hoagland, Millersburg. ~ 

17. Joseph Cable, Carrollton. 

18. David K. Carter, Massillon. 

19. John Crowell, Warren. 

20. Joshua R. Giddings, .Jefferson. 

21. Joseph M. Root, Sandusky. 



Emile La SSre, New Orleans. 



Louisiana. 

3. John H. Harmanson, Simmsport 

4. Isaac E. Morse, St. Martinsville. 



494 

Indiana. 

1. Nathaniel Albertson, Greenville. , 6. Willis A Oorman, Bloomington. 

2. Cyrus L. Duubam, Salem. ' 7. Richard W. McGaughey, Rockville. 

3. John L. Kohiuson, Rushvill. 8. Joseph E. McDonald, Craw fords villa. 

4. George W. Julian, Ceutreville. 9. Graham N. Fitch, Logansport. 

5. William J. Brown, Amity, Johnson co. 10. Andrew J. Harlan, Marion. 

Mississi^jpi. 

1. Jacob Thompson, Oxford. 3. William McWillie, Camden. 

2. W. J. Featherston, Houston. 4. Albert G. Brown, Gallatin. • 

Illinois. 

1. William H. Bissell, Belleville. 5. William A. Richardson, Quincy. 

2. John A. McClernand', Shawneetown. 6. Edward A. Baker, Galena. 

3. Timothy R. Young, Marshall. 7. Thomas L. Harris, Petersburg. 

4. John Wentworth, Chicago. 

Alabama. 

1. William J. Alston, Linden. 5. David Hubbard, Kinlock. 

2. Henry W. HiUiard, Montgomery. 6. W. R. W. Cobb, Beilefonte. 

3. Sampson W. Harris, Wetumpka. 7. Franklin W. Bowdon, Talladega. 

4. Samuel W. Inge, Livingston. 

Maine. 

1. Elbridge Gerry, Waterford. 5. Cullen Sawtelle, Norridgewock. 

2. Nathoniel S. Littlefield, Bridgeton. 6. Charles Stetson, Bangor. 

3. John Otis, Hallowell. 7. Thomas J. D. Fuller, Calais. 

4. Rufus K. Goodenow, Paris. 

Missouri. 

1. James B. Bowlin, St. Louis. 4. Willard P. Hall, St. Joseph. 

2. William V. N. Bay, Union. 5. John S. Phelps, Springfield. 

3. James S. Green, Canton. 

ArTcansas. 
1. Robert W. Johnson, Little Rock. 

Michigan. 

1. Alexander W. Buel, Detroit. 3. Kingley S. Bingham, Kensington. 

2. William Sprague, Kalamazoo. 

Florida. 
1. E. Carrington Cabell, Tallahassee. 

Texas. 
1. David S. Kaufman, Sabinetown. 2. Volney E. Howard, San Antonio. 

Iowa. 
1. Daniel F. Miller, , 2. Shepherd Lefller, Burlington. 

Wisconsin. 

1. Charles Durkee, Southport. 3. James Duane Doty, Menasha. 

2. Orsamus Cole, Potosi. 

California. 
1. Edward Gilbert, San Francisco. 2. George W. Wright^ San Francisco. 

Oregon Territory. 
1. Samuel R. Thruston, Linn city. 

Minesota Territo7'y. 
1. Henry H. Sibley, Mendota, Dacotah co. 

Territory of JVew Mexico. 

Terriicn-y of Utah. 



INDEX. 



THE ANALYTICAL INDEX of the Constitution of the United States waLL 

BE FOUND AT PAGE 38. ThE FOLLOWING INDEX REFERS TO THE RESIDUE OF THE 
MATTER CONTAINED IN THIS VOLUME. 



ABRIDGMENTS and Digests of the Laws of the U. S. Description of 
books of 465 

ACTS, Records, and Judicial Proceedings of one State in every other State, 

Territory, &c. An act for the authentication of- 290-294 

ACTS of tlie several States for appointment of Deputies to Convention to 

form the Constitution of the U. S. 167 

ADAMS, President of the U. S., March 4, 1797. Inaugural Address of John 270 

ADAMS, Vice President of the U. S. First election of John 815 

ADAMS, Vice President of the U. S. Second election of John 316 

ADAMS, as President of the U. S. Election of John 317 

ADAMS, as President of the U. S. Election of John Quincy 324, 325 

ADAMS, Vice President, in Senate of the U. S. Attendance of John 336 

ADDPlESS of George Washington, accepting commission as commander-in- 
chief of the army, June 16, 1775 201 

ADDRESS of the President of Congress to George Washington, August 26, 

1 783, on termination of the war 203 

ADDRESS of George Washington in reply to the same 204 

ADDRESS of George Washington to Congress, on resigning his commission 

as commander-in-chief of the army, December 23, 17S3 203 

ADDRESS of Thomas Mifflin, President of Congress, in answer to the same 209 
ADDRESS of George Washington, as President of the U. S., April 30, 1789. 

Inaugural 211 

ADDRESS of George Washington to the people of the U. S., September 17, 

1796. Farewell 215 

ALABAMA. Chronological statement of the formation of the government of 431 
AMBASSADORS and their domestics. An act for the protection of foreign 289 

AMENDMENTS of the Constitution of the U. S. 25 

AxMENDMENTS of the Constitution of the U. S. by the States. Dates of rati- 
fication of first ten 34 

AMENDMENTS of the Constitution of the U. S. Same of the eleventh and 

twelfth 36 

AMENDMENTS of the Constitution, when ratified by the States, to be pub- 
lished by the Secretary of State 295 

ANALYTICAL Index of the Constitution and amendments. An 38 

ANNAPOLIS, in 1796, recommending the Convention to form the Constitu- 
tion. Proceedings of the commissioners at 161 

495 



496 INDEX. 

APPOINTMENT of George Washington to be commander-in-chief of the 
army, June 15, 1775 ^ 201 

APPOINTMENT of George Washington to be lieutenant-general and com- 
mander-in-chief of all the armies of the U. S., July 3, 1798 231-239 

APPORTIONMENT of Representatives among the several States according 
to the Sixth Census 300 

ARKANSAS. Chronological statement of the formation of the government of 434 

ARMAMENTS being prepared in the U. S. against foreign powers v^^ith 
whom the U. S. are at peace. An act to prevent 296 

ARMIES of the U. S. Appointment of George Washington to be lieutenant- 
general and commander-in-chief of the 231-239 

ARMY of the United Colonies, June 15, 1775. George Washington elected 
commander-in-chief of the • 201 

ARMY of the United Colonies fixed at $500 per month. Pay and expenses 
of the General to command the 201 

ARMY of the U. S., December 23, 1783, Resignation by George Washington 
of his commission as commander-in-chief of the • 208 

ATTORNEY GENERALS of the U. S., from 1789 to 1851. Names, States, 
service, &c., of the - 402 

AUDIENCE in Congress granted to George AVashington, commander-in-chief, 

August 25, 1783 ••••• 203 

AUDIENCE in Congress, December 20, 1783. George Washington, com- 
mander-in-chief, admitted to a public 205 

AUTHENTICATION of Acts, Records, and Judicial Proceedings of one 
State in every other State, Territory, &c. • 290-294 

BERRIEN, Senator of the U. S. Letter of approbation from John Macp-. , xvii 
BOOKS and other sources of historical, political, statistical, and other infor- 
mation relative to the action of the Government, in possession of the pub- 
lic offices at the Seat of Government. Description of •• •• • 451 

BOOKS, published under the patronage of Congress and otherwise, contain- 
ing useful political, statistical, and other information. Description of mis- 
cellaneous 468-471 

BOOKS in Congress Library. Description of selection of certain 472 

BOOKS in the State Department. Description of selection of certain 479 

BREESE, Senator of the U. S. Letter of approbation from Sidney xii 

BURR, as Vice President of the U. S. Election of Aaron SIS 

BURR, Vice President, in the Senate of the U. S. Attendance of Aaron 338 

BURR, as Senator of the U. S. Term of service of Aaron 354 

CALHOUN, Vice President of the U.S. First election of John C 324 

CALHOUN, Vice President of the U. S. Second election of J. C 326 

CALHOUN, Vice President, in Senate of the U. S. Attendance of J. C- '340-342 

CALHOUN resigned as Vice President, December 28,1832. John C 342, 343 

CALHOUN, as Senator of the U. S. Terms of service of John C-- • 367 

CASS, Senator of the U. S. Letter of approbation from Lewis xx 

CLAY, Senator of the U. S. Letter of approbation from Henry xix 



INDEX. 497 

CALIFORNIA. Chronological statement of the formation of the gOTernment of 437 
CEDE their Western lands to the U. S. Resolution of Congress recommend- 
ing to the several States to 421 

CEDED by the States, should he disposed of for the common henefit of the U. S., 

and formed into Republican States. Resolution of Congress that the lands- • 422 
CEDED to the U. S., and dates of cession. Names of States by -which Western 

lands Tvere 422 

CENSUS. Apportionment of Representatives among the several States ac- 
cording to the Sixth - 300 

CENSUSES U. S., and fix number of Representatives. Act for taking Seventh, 

and subsequent 305 

CESSION of the North-Western and Western Territory to the U. S. by certain 

States. Proceedings ■which led to the 414 

CESSION of its Western or Vacant Lands to the U. S. Act of New York for the 419 
CHAIRMAN of Committees of Congress authorized to administer Oaths- • • • 294, 295 

C riAPTERS. General contents of. See Table of Contents xsxviii 

CHARTERS of the original States. Chronological statement of the 407, 408 

CHRONOLOGICAL statement of the Charters and formation of the Governments 

of the several States and Territories of the U. S. 405-446 

CITIZEN to understand the Constitution. Introductory remarks on duty of 

every xxiii 

CLERK of the House of Representatives of the U. S. Oaths to be taken by 

the 22,288,289 

CLERKS in all the Departments of Government. Oaths to he taken by the 290, 291 
CLERKS of the House of Representatives of the V. S. from 1789 to 1851. Names, 

States, services, &c. of the - 388 

CLERKS of the Supreme Court of the U, S. from 1789 to 1851. Names, &c. 

of the • • • • t 393 

CLINTON, Yice President of the U. S. Election of George 319, 320 

CLINTON, Yice President^ in Senate of the U. S. Attendance of George 338-340 

COLLECTORS of the Customs authorized to detain vessels huilt for warlike 

purposes 299 

COLONIAL and Revolutionary Documentary History. Books relating to the • • 452 
COLUMBIA established the permanent seat of Government. The District of- • • -449 
COMMERCE. Resolution of Virginia for a uniform system of trade, commerce, 

&c., January 21, 1786 - • • • 160 

COMMERCE. Proceedings of Convention at Annapolis appointed for said pur- 
pose, September 14, 1786 161 

COMMERCE. Resolution of Congress, of February 21, 1787, calling the Conven- 
tion which formed the Constitution • 165 

COMMERCE. Acts of the several States for the appointment of deputies to said 
Convention, to revise and report the means of enabling Congress to provide 
more effectually for the commercial interests of the U. S., and to remedy all 

the defects of the Federal system, &c. 167 

COMMERCE. The Constitution declares that " The Congress shall have power 
to regulate commerce with foreign nations, and among the several States, 
and with the Indian tribes" 15 



498 INDEX. 

COMMERCIAL Regulations. Description of books containing Tariff and 
Revenue Laws, &c. 467 

COMMITTEES of Congress to administer Oaths. Authority for the Chair- 
man of- 294, 295 

COMMUNICATIONS to the author and compiler in relation to this work ix-xxi 

COMPENSATION to the President and Vice President of the U. S. An act 
making 293 

COMPENSATION to persons appointed to deliver the Electoral votes of Pre- 
sident, &c., 1792 .- 292 

COMPENSATION to do. do. do., 1825 300 

CO ifFEDERATION, showing the inefficiency of that government, and lead- 
ing to the adoption of the Constitution. Proceedings of the Congress of the 129 

CONFEDERATION. The formation of a Convention to frame the Constitu- 
tion, recommended in 1786, as a means to remedy the defects in the Ar- 
ticles of- 1G6 

CONFEDERATION. The Articles of- 483 

CONFEDERATION, until March 1, 1781. Dates of ratification by the States, 
and cause of the delay of Maryland to ratify the Articles of 406-415 

CONGRESS of the Confederation, which led to the adoption of the Constitu- 
tion. Proceedings of the • • 120 

CONGRESS of the Confederation, and resolutions of that body, showing the 
impotency of the Government to provide a revenue for its wants and ne- 
cessities, &c. Reports of committees of 131-139, 140-142-14G-150, 151 

CONGRESS of the Confederation appointing a Committee to represent the 
Financial and Commercial difficulties to the several States, May 22, 1782. 
Resolution of • ' 154 

CONGRESS of the Confederation in 1787, recommending the Convention 
w^hich formed the Constitution. Proceedings of 164 

CONGRESS of the Confederation, of September 28, 1787, transmitting the Con- 
stitution to the States, to be submitted to Conventions thereof. Resolu- 
tion of 189 

CONGRESS of the Confederation of September 13, 178S, providing for com- 
mencing proceedings under the Constitution of the U. S. Resolution of the 190 

CONGRESS of July 2, 1776, that The United Colonies are, and of eight 
OUGHT TO BE Free AND INDEPENDENT STATES. Resolution of 195 

CONGRESS assembled, July 4, 1776. Declaration of Independence by the 
Representatives of the U. S. in ••• . 195 

CONGRESS, for promulgating the Declaration of Independence. Resolu- 
tion of • 200 

CONGRESS of the Confederation, of June 17, 1775, declaring that they would 
maintain and assist George Washington, and adhere to him for the main- 
tenance and preservation of American liberty, with their lives and for- 
tunes. Resoluti( 'US of the 203 

CONGRESS, on August 26, 1763, to George Washington, on the termination 
of the war, and his reply. Address of the President of 203, 204 

CONGRESS, of December 20, 1783, admitting George Washington, com- 
mander-in-cluef, to a public audience. Resolution of 205 



INDEX. 499 

CONGRESS, of December 20, 17S3, thai a public entertainment be given to 
the commander-in-chief, on December 22. Resolution of ■ 205 

CONGRESS, December 23, 17S3, and answer of Thomas Mifflin, President. 
Resignation, by George Washington, of his commission to 203 

CONGRESS on the death of George Washington in 1799. Proceedings of 240-268 

CONGRESS shall be in session on the second Wednesday in February, suc- 
ceeding every meeting of Electors of President and Vice President of 
the U. S. 292 

CONGRESS, Provision for dividing States into districts for the election of 
Representatives in 159-301 

CONGRESS, from March 4, 1789, to March 3, 1851. Commencement and ter- 
mination of, and number of days in each session of 336-345 

CONGRESS, from 1789 to 1851. Names of Senators in 346-384 

CONGRESS, elected Speaker of House of Representatives, from 1789 to 1851. 
Names of Representatives in 386 

CONGRESS to admit "New States" into tlie Union. Remarks on the right 
and discretionary power of • 408 

CONGRESS of the Confederation. Books relating to the proceedings of the- > 453 

CONGRESS from 1789 to 1851. Description of the Books, Newspapers, &c., 
containing the Debates in 459 

CONGRESS Library. Description of selection of certain books in 472 

CONNECTICUT, in 1787, appointing deputies to Convention to form the Con- 
stitution. Act of- 184 

CONNECTICUT. Chronological statement of the Charters and Constitutions 
of 407 

CONNECTICUT ceded western. lands to U. S., September-14, 1786, and May 
30, ISOO 422 

CONSTITUTION. Introductory remarks, on duty of every citizen to under- 
stand the xxiii 

CONSTITUTION of the United States of America. The 1 

CONSTITUTION by the States. Dates of ratification of the 24 

CONSTITUTION of the U. S. Articles in addition to, and amendments of; 
the 25 

CONSTITUTION by the States. Dates of ratification of the first ten amend- 
ments of the- 34 

CONSTITUTION by the States. Dates of ratification of eleventh and twelfth 
amendments of the 36 

CONSTITUTION and amendments. An analytical index of the. 38 

CONSTITUTION of the U. S. Official proceedings and proximate causes 
w^hich led to the adoption and ratification of the • 129 

CONSTITUTION of the U S. Remarks relative to the States that were pro- 
minent in the proceedings which immediately led to the adoption of the- . 15,} 

CONSTITUTION for the U. S. Resolutionsof the General Assembly of New 
York, passed July 21, 1782, recommending a Convention to form a 155 

CONSTITUTION of the U. S. was formed. Proceedings of Commissioners at 
Annapolis, in 1786, recommending the appointment of deputies to meet at 

Philadelphia, by whom the Ifti 

46 



500 INDEX. 

CONSTITUTION. Recommendation of Congress of the Confederation, m 

1787, for appointment of deputies to the Convention which formed the • •• 165 
CONSTITUTION of the U. S. Acts of the several States for the appoint- 
ment of deputies to the Convention for forming a, viz. 1*^7 

Of Virginia, on October 16, 1786 167 

OfNew Jersey, on November 23, 1786 170 

Of Pennsylvania, on December 30, 1786 172 

Of North Carolina, on January 6, 1787 174 

Of Delaware, on Februarys, 1787 177 

O f Georgia, on February 10, 1787 179 

OfNew York, on February 28, 1787 181 

Of South Carolina, on March 8, 1787 1S2 

Of Massachusetts, on March 10, 1787 183 

Of Connecticut, May, 1787 184 

OfMaryland, on May 26,1787 185 

OfNew Hampshire, on 27th June, 1787 186 

CONSTITUTION of the U. S. to Congress of the Confederation. Letter of 
George Washington, and resolutions of the Convention of September 17, 

1787, transmitting the- • 187, 188 

CONSTITUTION of the U. S. to the several States, to be submitted to Con- 
ventions thereof. Resolution of Congress of Confederation, September 28, 

17S7, transmitting the a- 189 

CONSTITUTION of the U. S. Resolution of Congress of the Confederation, of 

September 13, 17S8, for commencing proceedings under the 190 

CONSTITUTION in certain contingenci-es, and for other purposes. General 

Law^s providing the means of executing the 287 

CONSTITUTION of the U. S. is to be taken. {See OatJi.) By whom the oath 

to support the 15,22, 288, 289 

CONSTITUTION, when ratified by the States, to be published by the Secre- 
tary of State. Amendments to the 295 

CONVENTION at Annapolis, September, 1786, Proceedings of the 161 

CONVENTION at Philadelphia to form a Constitution, recommended by Con- 
vention at Annapolis, September 14, 1786 161 

CONVENTION which formed the Constitution recommended by Congress, in 

1787, as a means to remedy the defects in the Articles of Confederation- • 165 
CONVENTION to form the Constitution. Acts of the several States for ap- 
pointing deputies to the • • • • 167 

CONVENTION, in 1787, transmitting the Constitution to Congress of the 
Confederation, and suggesting measures for commencing proceedings 
under the Constitution. Letter of George Washington, and resolutions of 

the ••• ••- 187 

CONVENTIONS of the States. Resolution of Congress, of September 28, 

1787, submitting the Constitution to 1S9 

CONVENTION that formed the Coifetitution. Boooks relating to the proceed- 
ings of the • 453 

COURT. (See Supreme Court of the U. S.) 

COURTS of the U. S., or State courts against a foreign Ambassador or his 
domestics to be utterly null and void, &c. Ah process or writs from the 2S9 



INDEX. 501 

COURTS of the U. S. An act to provide further remedial justice in the. 
[This act empowers the U. S. judges to grant the writ of habeas coipus, 
and to discharge foreigners confined in the prison of a State, in certain 
cases.] 301 

COURTS of the U. S. and of the several States. Little &. Brown's edition of 
the Laws of the U. S. declared to be evidence in all the tribunals, offices, 
and 302, 303 

COURT of the U. S. from 17S9 to 1851. Description of books of Reports of 
decisions of the Supreme 466 

CRANCH, Chief Justice of the Circuit Court of the U. S. for the District of 
Columbia. Letter of approbation from AVilliam xiv 

CRIMES against the U. S., providing for the protection of foreign Ambassa- 
dors and their domestics. An act for the punishment of certain 2S9 

CRIMES against the U. S., &c., for preserving their neutrality. An act in 
addition to an act for the punishment of certain 296 



DALLAS, Vice President of the U. S., and President of the Senate. Dedica- 
. tion to, and letter of approbation from George M. ix 

DALLAS, as Vice President of the U. S. Election of George M. S."0 

DALLAS, Vice President, in the Senate of the U. S. Attendance of George M. 332 

DALLAS, as Senator of the U. S. Term of service of George M. 358 

DAVIS, Speaker of the House of Representatives of the U. S. Letter of ap- 
probation from John AV. • • - • si 

DEATH of George Washington. Proceedings of the Government and fune- 
ral oration of Henry Lee on the 240-247 

DEBATES in the two Houses of Congress from 1739 to ISol. Description of 
the books, newspapers, &c., containing the " 459 

DECLARATION of Independence, from June 8 to July 4, 1776. Proceedings 
in Congress of the United Colonies respecting the 193 

DECLARATION of Independence, by the Representatives of the U. S. in 
Congress assembled, July 4, 1776 • 195 

DECLARATION of Independence. Resolution of Congress for promulgat- 
ing the 200 

DECLARATION by the Congress, June 17, 1775, that, for the maintenance 
and preservation of American liberty, they -would maintain, assist, and 
adhere to, George AVashington, as commander-in-chief, with their lives 
and fortunes • 203 

DELAAVARE, in 17S7, appointing deputies to Convention to form the Consti- 
tution. Act of 177 

DELAAA^ARE. Chronological statement of the charters and constitutions of 408 

DELAAVARE, declaring the common right of all the States to the western 
territory, &c. Resolutions of the State of- 415 

DEPUTIES to the Convention who signed the Constitution. Names of- 23 

DEPUTIES to Convention to form the Constitution. Acts of the States for 
appointment of • • • 167 

DIGESTS of the Laws of the U. S. Description of the books of 465 



502 



INDEX. 



DISTRICT of Columbia, established the permanent seat of the Government 
of the U. S. 449 

DISTRICTS for election of Representatives in Congress. Provision for di- 
viding the States into 301 

DOCUMENTS, Journals, and other sources of historical, political, statisti- 
cal, and other information regarding the legislative, executive, and judi- 
cial action of the Government, in the public offices at the Seat of Govern- 
ment. Description of- 451 

DOCUMENTS ordered to be printed by the Senate and House of Represent- 
atives of the U. S. from 17S9 to 1851. Remarks descriptive of the re- 
gular 457-459 



ELECTIONS under and by virtue of the Constitution, (analytical index)- • -61, 63 
ELECTION of a President and Vice President of the U. S., &c., approved 

March 1, 1792. An act relative to the 291 

ELECTION of Electors of a President and Vice President, in case of vacan- 
cies in those offices by casualty, &c. Provision for the 293 

ELECTIONS for Electors of President and Vice President in all the States. 

An act to establish a uniform time for holding • 302 

ELECTORAL votes for President and Vice President of the U. S. Provi- 
sions of the Constitution regarding the • 28 

ELECTORAL votes for President and Vice President of the U. S. Regula- 
tions, by law, for the giving, making lists of, transmitting to the Seat of 

Government, opening, and counting the • 291 

ELECTORAL votes. Compensation to, and penalties of, persons appointed 

to deliver the 292 

ELECTORAL votes. Compensation of persons appointed to deliver the • •• • 800 
ELECTORAL votes for President and Vice President of the U. S., viz. : 
First term, George Washington and John Adams, commencing March 4, 

17S9 315 

Second term, George Washington and John Adams, commencing March 4, 

1793 •••• 316 

Third term, John Adams and Thonias Jefferson, commencing March 4, 1797 317 
Fourth term, Tliomas Jefferson and Aaron Burr, elected by the House of 

Representatives, commencing March 4, 1801 31S 

Fifth term, Thomas Jefferson and George Clinton, commencing March 4, IS05 319 
Sixth term, James Madison and George Clinton, commencing March 4, 1809 320 
Seventh term, James Madison and Elbridge Gerry, commencing March 4, 

1813 321 

Eighth term, James Monroe and Daniel D.Tompkins, commei^cing March 4, 

1817 322 

Ninth term, James Monroe and Daniel D. TcJmpkins, commencing March 4, 

1821 323 

Tenth term, John Quincy Adams and John C. Calhoun, commencing March 
4,1825 • 325 



INDEX. 503 

ELECTORAL votes for President and Vice President of the U. S. — continued 
Eleventh term, Andrew Jackson and John C. Calhoun, commencing March 

4,1829 .■•• ^ 326 

Twelfth term, Andrew Jackson and Martin Van Buren, commencing March 

4,1833 V 327 

Thirteenth term, Martin Van Buren and R. M. Johnson, commencing March 

4,1837 328 

Fourteenth term, Wm. H. Harrison and John Tyler, commencing March 

4, 1841 • 329-331 

Fifteenth term, James K. Polk and George M. Dallas, commencing March 4, 

1845 332 

Sixteenth term, Zachary Taylor and M. Fillmore, commencing March 4, 1849 333 

ELECTORS of President and Vice President, equal to the number of Senators 
and Representatives in Congress from each State. Each State shall appoint 
a number of 13 

ELECTORS shall be equal to the number of Senators and Representatives to 
which the States may be entitled at the time when the President and Vice 
President should come into office. The 291 

ELECTORS of President and Vice President of the U. S. Enactments of the law 
for the government of the • 291 

ELECTORS of the President and Vice President in all the States. An act to es- 
tablish a uniform time for holding elections of 302 

ELECTORS. Each State may, by law, provide for filling vacancies in the 
college of - • • 302 

EVIDENCE in all tribunals and offices of the United States, and of the individual 
States. Little & Brown's edition of the Laws of the U. S. declared to be 
competent 302, 303 

EXECUTIVE officers of the Government, from 1789 to 1851. Names, States, 
service, &c., of all the high ■ 395 

EXTRADITION Treaties. Act giving effect to 303 



FAREWELL Address of George Washington, President of the U. S., September 
17,1796 • 215 

" FIRST in War, First in Peace, and First in the hearts of his Countrymen," as 

applicable to George Washington. Origin of the words 242 

FLORIDA. Chronological statement of the formation of the Government of 436 

FOREIGN Ambassadors and their Domestics. An act for the protection of 289 

FOREIGN Powers. An act to preserve the neutrality of the U. S., with 296 

FOREIGN Nation with whom the U. S. are at peace. An act to prevent any 

armament by land or water being fitted out in the U. S. against any 296 

FOREIGN State confined in any state prison in certain cases. The Judges of the 
U. S. Courts empowered to grant the writ of Habeas Corpus, and to discharge 

the citizens of any 301 

FUNERAL Procession and Oration of Henry Lee, in honor of Gen. George Wash- 
ington 245-247 

46* 



504 INDEX. 

GEORGIA, in 1787, appointing deputies to Convention to form the Constitu- 
tion. Act of 179 

GEORGIA. Chronological statement of the Charters and Constitutions of ••• 408 

GEORGIA ceded western lands to the U. S. April 24, 1802 422 

GERRY, Vice President of the U. S. Election ofElbridge 321 

GERRY, Vice President, in the Senate of the U. S. Attendance of Elbridge S40 
GIBSON, Chief Justice of the Supreme Court of Pennsylvania. Letter of ap- 
probation from John B. xiii 

GOVERNMENT of the Confederation to provide for its support, defence, &c. 
Reports of committees and Resolutions of Congress exhibiting the ineffi- 
ciency of the 131-139, 140-142-146-150, 151 

GOVERNMENT under the Constitution of the U. S. Resolutions of Con- 
gress of the Confederation of September 13, 1788, providing for the com- 
mencement of the 190 

GOVERNMENT under the Constitution. Brief statement of the manner of 

commencing proceedings of the 191 

GOVERNMliNT. George Washington's opinions of the principles and po- 
licy of our 211-215 

GOVERNMENT. John Adams'. do. do. .••• 270 

GOVERNMENT. Thomas Jefferson's. • • do. do. xxxi. 275-279 

GOVERNMENT. James Madison's. do. do. xxxii.283 

GOVERNMENT and providing the means of executing the Constitution, &c. 

General Laws relating to the continued organization of the 287 

GOVERNMENTS of the several States and territories. Chronological state- 
ment of the Charters and formation of the 405-449 

GOVERNMENT of the territory of the U. S. north-west of the river Ohio. 

An ordinance for the 423 

GOVERNMENT of the U. S. in possession of the public offices. Description 
of the sources of information regarding the Legislative, Executive and 
Judicial action of the 45] 



HABEAS Corpus in all cases of foreigners confined in the U. S., &c. The 

judges of the U. S. Courts authorized to grant writs of- 301 

HARRISON, as President of the U. S Election of William Henry 329-331 

HISTORICAL and other information in the public offices at the seat of Go- 
vernment. Description of the sources of 451 

HOUDON'S statue of Washington at Richmond, Virginia. Remarks and cor- 
respondence relative to 205-20tf 

HOUSE of Representatives of the U. S. Oaths of office to be taken by the 

Members and Clerk of the 22, 288-28f 

HOUSE of Representatives, from 1789 to 1851. Names of Speakers of the 386-38'i 
HOUSE of Representatives of the U. S., from 1789 to 1851. Names, service, 

&c., ofthe Clerks of the • 38S 

HO USE of Representatives of the U. S. Description of the Journals of the 452-456 
HOUSE of Representatives ofthe U. S., from 1789 to 1851. Remarks descrip- 
tive of the documents printed by order of the 457, 458, 459 



INDEX. 505 

ILLINOIS. Chronological statement of the formation of the Government of 431 
IMPEACHMENTS from 1789 to 1851. Description of the Journal or record 

of the Senate on ....^ 456 

IMPOST duties of April 18, 1783, was the cause of proceedings which ulti- 
mately led to the adoption of the Constitution. Report of Committee of the 
Congress of Confederation, showing that the failure of the Slates to carry 

the general system of 131-139, 140-142-146, 150, 151 

IMPOST, &c., as provided by resolution of Congress, April 18, 17S3. See 
Commerce.) Resolutions of Congress of February 15, 1736, recommend- 
ing to the States to empower Congress to carry into effect a general sys- 
tem of 139, 141-149,151-153 

INAUGURAL address of George Washington. President of the U. S. April 

30, 17S9 211 

INAUGURAL address of John Adams, President ofthe U. S. 270 

INAUGURAL address of Thomas Jefferson, President ofthe U. S. 275 

INAUGURAL address of Thomas Jefferson, President of the U. S. 279 

IN A UGURAL address of James Madison, President of the U. S. 263 

INDEPENDENCE of mind. Importance to every citizen of preserving- • • xxt 
INDEPENDENCE. Proceedings in Congress of the United Colonies, from 

June 8, to July 4, 1776, respecting a declaration of- 193 

INDEPENDENCE by the Representatives of the United States in Congress 

assembled, July 4, 1776. The Declaration of 195 

INDEPENDENCE. Resolution of Congress for promulgating the Declara- 
tion of i 200 

INDEPENDENT STATES. Resolution of Congress of July 2, 1776, that 

THE United Colonies ake, and of right ought to be, Free and 195 

INDEX to the Constitution and amendments. An Analj'tical « 38 

INDEXES prepared by order ofthe two Houses of Congress. Description of 465 
INDIANA. Chronological statement ofthe formation ofthe Government of- • 430 
INTRODUCTORY remarks to the work and to the several chapters. (See 

Remarks.) 
IOWA. Chronological statement of the formation ofthe Government of- • • • • 443 



JACKSON, as President of the U. S. First election of Andrew 326 

JACKSON, as President of the U. S. Second election of Andrew 327 

JEFFERSON'S declaration ofthe principles of our Government, Thomas 

xxxi, 275-279 
JEFFERSON, President of the U. S., on March 4, 1801. First inaugural 

address of Thomas 275 

JEFFERSON, President of the U. S., on March 4, 1805. Second inaugural 

address of Thomas 279 

JEFFERSON, as Vice President of the U. S. Election of Thomas 317 

JEFFERSON, as President of the U. S. First election by House of Repre- 
sentatives of Thomas 318 

JEFFERSON, as President of the U. S. Second election by electors of Thomas 319 



506 INDEX. 

JEFFERSON, Vice President, in Senate of the U. S. Attendance of Thomas SS6 

JOHNSON, as Vice President of the U. S. Election by the Senate of Rich- 
ard M. 328 

(The number of electoral votes required for an election being 14S, and 
R. M. Johnson having received only 147, the election then devolved 
upon the Senate, and R. M. Johnson was elected.) 

JOHNSON, Vice President, in Senate of the U. S. Attendance of Rich- 
ard M. 342-344 

JOHNSON, as Senator of the U. S. Terms of service of Richard M. 370 

JOURNALS of the Congress of the Confederation, 1774 to 1789. Description 
of the 453 

JOURNAL of the Convention that formed the Constitution in 1787. Descrip- 
tion of the • • - 453 

JOURNAL of the House of Representatives of the U. S. from 1789 to 1851. 
Description of • 454^456 

JOURNAL of the Senate of the U. S. from 1789 to 1851. Description of Le- 
gislative 455, 456 

JOURNAL of the Senate of the U. S. from 1789 to 1851 (in part). Descrip- 
tion of the Executive • 455 

JOURNAL or record of the Senate on impeachments, from 1789 to 1851. De- 
scription of ••• • • 456 

JOURNALS of the Senate and House of Representatives of the U. S. Re- 
marks descriptive of the contents of the Legislative » 456 

JUDGES of Courts of the U. S. authorized to grant writs of Habeas Corpus 
in all cases of foreigners confined in the United States, and to discharge 
them. The ••--' 301 

JUDGES of the Supreme Court of the U. S., from 1789 to 1851. Names, states, 
length of service, &c., of the • 3S9 

JUDICIAL proceedings of one State in every other State, territory, &c. Au- 
thentication of • 290-294 

JUSTICE in the Courts of the U. S. An act to provide further remedial 301 



KANE, Judge of the District Court of the U. S. for the Eastern District of 

Pennsylvania. Letter of approbation from J. K. xiii 

KENTUCKY. Chronological statement of the formation of the Government of 412 
KNOWLEDGE. Remarks on the proper mode of acquiring and imparting- xix 



LAND in the north-western and western territory of the U. S. Proceedings 
which led to the cession by the States, of the 414 

LANDS to the U. S. Act of New York for the cession of its western or 
vacant 41& 

LANDS to the U. S. Resolution of Congress recommending to the States to 
cede their western • 421 



INDEX. 507 

LANDS ceded by the States should be disposed of for the common benefit of 
the U. S., and formed into Republican States. Resolution of Congress of 
October 10, 17S0, that the 422 

LANDS were ceded to the U. S., and dates of cession. Names of States by 
which the western- •. 422 

LANDS of the U. S., and private land claims to March 3, 1851. Description 
of the publications under the authority of the U. S. relating to the public- • 469 

LAW. Definition and sanctity of the civil xxT 

LAWS, relating to the continued organization of the Government, and pro- 
viding the authorities and means of executing the Constitution, in certain 
contingencies, and for other purposes, &c. 287 

LAWS of the U. S. declared competent evidence in all tribunals and offices 
of the U. S., and of the several States. Little and Brown's edition of the 

302, 303 

LAWS of the U. S., including the Treaties. Description of the books con- 
taining the 461 

LAWS of the U. S. Description of Books of Abridgments _and Digests of 
the 465-467 

LEGISLATIVE Journals. (Vide Journals.) 

LEE, on the death of George Washington. Funeral oration of Henry 247 

LETTERS-OF-MARQUE being fitted out in the U. S. against foreign powers. 
An act to prevent Privateers or 296 

IJBERTY. Definition of rational or civil xxii 

LIBERTY and independence on July 4, 1776. Declaration of- 195 

LIBERTY, &c., on June 17, 1775. Declaration of Congress for the mainte- 
nance of American 203 

LIBERTY consists. In what the enjoyment and even the support and pre- 
servation of- xxix 

LIBRARY of Congress. Description of selection of certain books in the---- 472 

LIBRARY of the State Department. Descriptionof selection of certain books 
in the = 479 

LIEUTENANT-GENERAL and commander-m-chief of the Armies of the 
U. S., July 3, 1798. Appointment of George Washington to be 231-239 

LIGHT as regards the fundamental law. Remarks on necessity of the peo- 
ple's having xxxiii 

LITTLE and Brown's editions of the Laws of the U. S., declared to be com- 
petent evidence in all tribunals and offices of the U. S., and of the several 
States 302, 30G 

LOUISIANA. Chronological statement of the formation of the Government of 429 



MADISON'S declaration of the principles of our Government. James -xxxii. 2^ 
MADISON, President of the U. S. on March 4, 1809. Inaugural Address of 

James -- 283 

MADISON, President of the U. S. First election of James 4'20 

MADISON, President of the U. S. Second election of James 421 

MAINE. Chronological statement of the formation of the Government of- -- 432 



508 INDEX. 

MARSHALS attendant on the Supreme Court of, the U. S., from 17S9 to 1851. 

Names, &c. of the 393 

MARYLAND, in 17S7, appointing deputies to convention to form the Consti- 
tution. Act of 1 83 

MARYLAND to ratify the Articles of Confederation, until March 1, 1781. 

Dates of ratification by the States and cause of the delay of 406-414 

MARYLAND. Chronological statement of the Charters and Constitutions of 408 
MARYLAND to ratify the Articles of Confederation until the States possess- 
mg the North- Western and Western Territory should cede the same to 
the U. S. for the common benefit of all the Slates. Statement of the causes 

of delay by 414 

MARYLAND on said subject. Instructions to the Delegates in Congress 

from 415 

Maryland to ratify the Articles of Confederation. Resolution of Congress 

earnestly requesting 421 

•VTASSACHtJSETTS, in 17S7, appointing deputies to Convention to form the 

Constitution. Act of 1S3 

MASSACHUSETTS. Chronological statement of the Charters and Constitu- 
tions of 407 

MASSACHUSETTS ceded Western lands to the U. S. April 19, 1785 422 

MEMBERS of the Senate and House of Representatives to take an Oath to 
support the Constitution, and the manner and form thereof. An act pre- 
scribing the time for • 22, 288 

MESSENGERS or persons to deliver electoral votes. Compensation to, and 

penalties of 292 

MESSENGERS or persons to deliver electoral votes. Compensation to 300 

MICHIGAN. Chronological statement of the formation of the Government of 434 
MIFFLIN, President of Congress, to George Washington, in answer to resig- 
nation of his commission. Address of Thomas • 209 

MINESOTA Territory. Proceedings in Congress relative to the 447 

MINISTERS and their domestics. An act for the protection of Foreign 289 

MISSISSIPPI. Chronological statement of the formation of the Government of 430 
MISSOURI. Chronological statement of the formation of the Government of 433 

MONROE, President of the U. S. First election of James 322 ' 

MONROE, President of the U. S. Second election of James 323 

MONUMENT be erected to General Waslrington in the Capitol at Washing- 
ton. Resolution of Congress that a marble • 245 

MOURNING of the Government on the Death of George Washington. Pro- 
ceedings and ■■•240-203 



NAVY from l789 to 1851. Names, States, services, Sec, of Secretaries of the 399 

NEBRASKA Territory. Proceedings m Congress relative to the 448 

NEUTRALITY of the U. S. by prohibiting its citizens, within its limits, from 
preparing any offensive means against a foreign nation. An act to pre- 
serve the •••• " 296 



INDEX. 509 

NEW HAMPSHIRE, in 1787, appointing deputies to Convention to form the 

Constitution. Act of 186 

NEW HAMPSHIRE. Chronological statement of the Charters and Constitu- 
tions of - 407 

NEW JERSEY, at the meeting at Annapolis, in 1786, having more enlarged 
powers than the Commissioners from other States, was stated as the ground 
for calling the Convention which formed the Constitution. The Commis- 
sioners of 162 

NEW JERSEY, in 1786, appointing deputies to Convention to form the Constitu- 
tion. Acts of 170 

NEW JERSEY. Chronological statement of the Charters and Constitutions of 407 
NEW JERSEY ratified the Articles of Confederation " in the firm reliance that 
the" Western Territory would be ceded by the States in possession to the 

U. S., &c. 414 

NEW MEXICO TERRITORY. Proceedings in Congress relative to the 448 

NEW YORK, July 21, 1782, on the critical state of the Confederation, and recom- 
mending a Convention to form a Constitution. Resolutions of the General 

Assembly of • • • • •• 155 

NEW YORK, in 1787, appointing deputies to the Convention to form the Consti- 

tixtion. Act of- 181 

NEW YORK. Chronological statement of the Charters and Constitutions of • • • 407 
NEW YORK for the cession of its Western or vacant lands to the U. S., in order 

to conciliate the Union under the Confederation. Act of 419-422 

NEW YORK. Special approbation of Congress for this act of 421 

NORTH CAROLINA, in 1787, appointing deputies to Convention to form the 

Constitution, Act of 174 

NORTH CAROLINA. Chronological statement of the Charters and Constitu- 
tions of 408 

NORTH CAROLINA ceded Western lands to the U. S., February 25, 1790 422 

NORTH-WESTERN and Western Territory to the U. S. Proceedings which led 

to the cession by the States of the 414 

NORTH-WESTERN Territory ceded to the U. S. by Virginia, March 1, 1784 422 

NORTH-WESTERN Territory. An ordinance for the Government of the 423 



OATH of office,' as President, administered to George Washington, by the Chan- 
cellor of the State of New York, April 30, 1789 211 

OATH of John Tyler, Vice President, to qualify him as President of the U. S • • • 331 
OATHS to support the Constitution of the United States, and for performance of 
official duty, to be taken by the following officers and persons, viz. : 

1. The President of the U. S. '• 15 

2. The President of the Senate 288 

3. The Senators of the U. S. - 22, 288 

4. The Secretary of the Senate 22, 288, 289 

5. The Senators of the U. S. on trial of impeachment 4 

6. The Speaker of the HoiTse of Representatives 288 

7. The members of the House of Representatives of the U. S. 22, 288 



510 INDEX. 

OATHS to support the Constitution, &c. — continued. 

8. The Clerk of the House of Representatives 22, 288, 289 

9. The members of the several State Legislatures 22, 288 

10. The executive and judicial officers both of the U. S; and of the several 

States 22, 288 

11. All officers appointed under the authority of the U. S. 288 

12. Each and every clerk and other officer in any of the departments of the 

U.S. 2S8 

" O ATHS of office " are to be taken. By whom 22, 288, 289, 290, 291 

OATHS. The presiding officers of the two Houses, and chairmen of com- 
mittees of Congress, authorized to administer • -294, 295 

OATHS, prescribing the forms, &c. An act to regulate the time and manner 

of administering certain 287 

OFFICERS required to take an oath to support the Constitution of the United 

States 22,288, 289,290, 291 

OFFICE of President and Vice President to commence March 4, &c. The 

term of- •••• 293 

OFFICES of the U. S. and of the States. Little & Brown's edition of the 
Laws of the U. S. declared to be competent evidence in all courts, tribu- 
nals, and 303 

OHIO. Chronological statement of the formation of the government of 413 

ORATION by Henry Lee on the death of George Washington. Funeral 247 

ORDINANCE for the government of the territory of the U. S. north-w^est of 

the river Ohio. An • 423 

OREGON Territory. Reference to treaties fixing the boundaries, and to pro- 
ceedings in Congress relative to the 447 



PASSPORT issued under authority of the U. S. Penalty for violating a- •• • 290 
PAY and expenses of the General to command all the continental forces fixed 

at $500 per month, by resolution of Congress 201 

PENALTY for neglect to deliver the electoral votes by the messengers, &c. 292 
PENALTY for violating the laws of neutrality in the U, S. against a foreign 

power at peace 296 

PENNSYLVANIA, in 1786, appointing deputies to Convention to form the 

Constitution. Act of- 172 

PENNSYLVANIA. Chronological statement of the charters and constitu- 
tions of 408 

PEOPLE to support the Constitution. Responsibilities of the xxiii 

POLITICAL and other information in the public offices at the Seat of Govern- 
ment. Description of the sources of 451 

POLK as President of the U. S. Election of James K. SS2 

POSTMASTER GENERALS, from 1789 to 1851. Names, States, service, 

&c., ofthe 401 

PREFACE to this edition, and to the chapters. (See Remarks.) 

PRESIDENT ofthe U. S. Certificate of the election of George Washington as 2J0 



INDEX. 511 

PRESIDENT and Vice President of the U. S., and declaring the officer to act 
as President in case of vacancies in offices of President and Vice Presi- 
dent, approved March 1, 1792. An act relative to election of 291 

PRESIDENT and Vice President, in case of vacancies in those offices by 
casualty. Provision for the election of a 293 

PRESIDENT or Vice President of the U. S-. to be delivered into the office of 
Secretary of State. A resignation or refusal to accept office of 293 

PRESIDENT and Vice President of the U. S. to commence March 4, &c. 
Terra of office of the 293 

PRESIDENT and Vice President of the U. S. An act providing compensa- 
tion to the 293 

PRESIDENT and Vice President of the U. S. Compensation to, and penalty 
of, persons appointed to deliver electoral votes for 292 

PRESIDENT and Vice President of the U. S. Compensation to persons, &c., 
to deliver electoral votes for • • 300 

PRESIDENT and Vice President of the U. S. An act to establish a uniform 
time for holding elections for electors of 302 

PRESIDENT and Vice President of the U. S., from 1789 to 1849. (See Ekc- 
toral Votes.) Electoral votes, &c., for 315-334 

PRESIDENT of the U. S., on the death of Wm. H. Harrison, President. Pro- 
ceedings introducing John Tyler to office as acting 330, 331 

PRESIDENT of the Senate authorized to administer oaths. The 2SS, 294 

PRESIDENT pro tempore of the Senate to act as President of the U. S. in 
case of vacancies in office of President and Vice President. The • 293 

PRESIDENTS pro tempore, from March 4, 17S9, to March 3, 1851. Names 
and attendance in Senate of the Vice Presidents and 336-345 

PRINTED by order of the two Houses of Congress, from 1789 to 1851. Re- 
marks descriptive of the documents 457, 458, 459 

PRIVATEERS being fitted out in the U. S. against foreign povrers at peace 
with the U. S. An act to prevent 296 

PUBLICATION of amendments to the Constitution of the U. S. Provision 
for the 295 



RATIFICATION of the Constitution by the States. Dates of the 24 

RATIFICATION of first ten amendments of the Constitution by the States. 

Dates of the • 34 

RATIFICATION of the eleventh and twelfth amendments of the Constitution, 

&c. 3G 

RECORDS of one State in every other State, territory, &c. Authentication of 

the 290-294 

REMARKS or preface to the second edition of this book • - vii 

REMARKS on the propriety of reading and understanding the Constitution sxiii 

REMARKS on the authenticity of this edition of the Constitution xlv 

REMARKS on the design of the Alphabetical Analysis of the Constitution- • • 37 
REMARKS on the official proceedings, and the causes which led to the adop- 
tion and ratification of the Constitution of the U.S. 129 

47 



512 INDEX. 

REMARKS on the causes which immediately led to the formation of the Con- 
stitution, and on the States having a leading agency in that important 
event • • 153 

REMARKS on the maimer of commencing proceedings of the Government 
under the Constitution of the U. S. 191 

REMARKS on the picture of George Washington, as taken from Houdon's 
statue at Richmond, Virginia • • 205 

REMARKS relative to the appointment of George Washington to be Lieu- 
tenant-General and Commander-in-Chief of the armies of the U. S. July 3, 
1798 231 

REMARKS in relation to the national mourning and solemnities on the death 
of George Washington 240 

REMARKS relative to the inaugural addresses of the first four Presidents of 
the U.S. 269 

REMARKS introductory to the General Laws, forming a peculiar class of 
general import inserted herein 287 

REMARKS explanatory of the several tables contained in this volume •••• 309 

REMARKS on the ratification of the Constitution by the original States, and 
on the discretionary right and power of Congress to admit "New States" 
into the Union 408 

REMARKS relative to the sourcesof historical, political, statistical, and other 
information regarding the Legislative, Executive, and Judicial action of 
the Government in possession of the public offices at the seat of Govern- 
ment - • 451 

REMARKS descriptive of the contents of the Legislative Journals of the 
Senate and House of Representatives of the U. S. 456 

REMARKS descriptive of the regular documents ordered to be printed by the 
Senate and House of Representatives, from 1789 to 1851 457, 458, 459 

REMARKS in relation to the books procured for the Congress or National 
Library, and the means employed for a regular increase of their number 472 

REMARKS relative to the books in the Department of State 479 

REMEDIAL justice in the Courts of the U. S. An act to provide further 301 

REPORTERS of decisions of the Supreme Court of the U. S. from 17S9 to 
1851. Names, &c., of the 393 

REPORTS of decisions of the Supreme Court of the U. S. from 1789 to 1851. 
Description of the books of 457 

REPRESENTATIVES in Congress elected Speakers, from March 4, 1789, to 
March 3, 1851, showing the commencement and termination of their ser- 
vice, and the States represented by them 386, 387 

REPRESENTATIVES in Congress among the several States, according to 
the sixth census. An act for the apportionment of. (See States.) 300 

REPRESENTATIVES in Congress. Provision for dividing States into dis- 
tricts for election of 301 

REPRESENTATIVES of the U. S. in Congress assembled, on July 4, 17-76. 
Declaration of Independence by the 193 

RESIGNATION or refusal to accept the office of President or Vice President 
of the U. S. to be delivered into the office of the Secretary of State 293 



INDEX. 513 

RESIGNATION to Congress, by George Washington, of Lis commission as Com- 
mander-in-Chief of the American army, on December 23, 1783 208 

REVENUE from impost duties as recommended by Congress in 1783, was the 
cause of proceedings which led to the adoption of the Constitution. Report 
of Committee of Congress of Confederation, showing that the failure of the 

States to carry out the general system of- 131-139, 140-142-146-150, 151 

REVENUE from impost, as provided by resolution of Congress of April 18, 
1783. (See Oommerce.) Resolutions of Congress of February 15, 1786, re- 
commending to the States to empower Congress to carry into effect a 

general system of 139-141-149-151-153 

REVENUE and Tariff laws, &c. Description of books relating to 467 

REVOLUTION. Books relating to the history of the American Colonies and the 452 
RHODE ISLAND. Chronological statement of the charters and constitutions of 407 



SAFE-CONDUCT issued under the authority of the U. S. Penalty for vio- 
lating a 290 

SEAT of Government of the U. S. The District of Columbia estabhshed the 

permanent 449 

SECRETARIES of the Senate of the U. S., from 1789 to 1851. Table of the 
names, service, &c., of the 385 

SECRETARY of the Senate of the U. S. Oaths to be taken by the 22, 288, 289 

SENATE of the U. S. directing the purchase of copies of this Book. Resolu- 
tions of the V 

SENATE of the U. S. Oaths of oflBce to be taken by the members and Secretary 
of the 22, 288, 289 

SENATE, of the Vice Presidents and Presidents pro tempore, from March 4, 
1789 to March 3, 1851. Names of and attendance in the 336-345 

SENATE of the U. S. Table of the names, service, &c., of the Secretaries of the 385 

SENATE of the U. S. Description of the Legislative and Executive Journals 
and Records of Impeachments of the 455, 456 

SENATE of the U. S., from 1789 to 1851. Remarks descriptive of the Docu- 
ments printed by order of the 457, 458, 459 

SENATORS of the U. S. in oflfice, from March 4, 1789 to March 3, 1851, show- 
ing their names, commencement and termination of their service, States 
represented by them, &c., viz. : 

Classes : — 2 3 From New Hampshire 846 

1 2 - From Massachusetts 347 

1 2 - From Rhode Island 349 

1-3 From Connecticut 351 

1-3 From Vermont- • 353 

1 - 3 ^ From New York 354 

1 2 - From New Jersey 356 

1-3 From Pennsylvania ■ 357 

1 2 - From Delaware 359 

1-3 FromMaryland 361 



514 INDEX. 



Classes:— 1 


2 


- 


- 


2 


3 


- 


2 


3 


- 


2 


3 


- 


2 


3 


1 


2 


- 


1 


- 


3 


„ 


2 


3 


1 


- 


3 


1 


2 


- 


- 


2 


3 


- 


2 


3 


1 


2 


- 


1 


- 


3 


- 


2 


3 


1 


2 


- 


1 


- 


3 


1 


2 


- 


1 


- 


3 


- 


2 


3 


1 


- 


3 


20 


20 


21 



From Virginia 362 

From North Carolina 365 

From Soutli Carolina 366 

From Georgia 368 

From Kentucky- • t 370 

From Tennessee 371 

From Ohio - 373 

From Louisiana 374 

From Indiana 375 

From Mississippi 376 

From Illinois 377 

From Alabama 378 

From Maine 379 

From Missouri 380 

From Arkansas 381 

From Michigan 381 

From Florida 381 

From Texas • 381 

From Wisconsin 384 

From Iowa 384 

From California 384 



[When Senators shall take their seats from States that have not yet ap- 
pointed Senators, they shall be placed by lot in the foregoing classes, 
but in such a manner as shall keep the classes as nearly eq^ual as may be 
in numbers. Vide resolution of the Senate, May 14, 1789. The first class 
expire in 1851 ; the second in 1847, and the third in 1849. Vide the Con- 
stitution, page 3.] 

SESSION of Congress from March 4, 1789 to March 3, 1851. Commencement 
and termination of, and number of days in, each 336-345 

SOUTH CAROLINA, in 1787, appointing deputies to Convention to form the 
Constitution. Act of 182 

SOUTH CAROLINA. Chronological statement of the Charters and Constitu- 
tions of 408 

SOUTH CAROLINA ceded Western lands to the U. S. August 9, 1787 422 

SPEAKER of the House of Representatives shall act as President of the U. S. 
in case of vacancy, &c. Provisions that the • 293 

SPEAKER of the House of Representatives authorized to admiuister oaths. 

The 288-294 

SPEAKERS of the House of Representatives of the U. S., from March 4, 1789 
to March 3, 1851, showing the commencement and termination of their ser- 
vice, and States represented by them 386, 387 

SPEECHES in the two Houses of Congress from 1789 to 1851. Description of the 
Books, Newspapers, &c., containing the 459 

STATE to receive electoral votes in absence of the President of the Senate, 



INDEX. 515 

and to send a special messenger to district judge for electoral votes in 

case of failure to be received otherwise. The Secretary of 293 

STATE, in case of vacancies in the office of President and Vice President of 
the U. S. Duties of the Secretary of 293 

STATE. A resignation or refusal to accept of the office of President or Vice 
President to be delivered into the office of the Secretary of • 293 

STATE, regarding the publication of amendments to the Constitution of the 

U. S. Dutiesofth'j Secretary of- 295 

STATE from 1789 to 1851. Names, States, service, &c., of all the Secreta- 
ries of 395 

STATE Department. Description of selection of certain books in the Library 
of the 479 

STATE or Territory, &c. An act for the authentication of Acts, Records, and 
Judicial proceedings of one State or Territory in every other 290-294 

STATE in certain cases — the proceedings in State Courts in such cases to be 
null and void The U. S. Judges empowered to grant the w^rit of Habeas 
Corpus, and to discharge the citizens of any foreign State confined in the 
prison of any 301 

STATES. Dates of ratification of the Constitution by the 24 

STATES. Dates of ratification of first ten amendments of the Constitution 
by the 34 

STATES. Ratification of the eleventh and twelfth amendments by the 36 

STATES in providing revenue for the support of the Federal Government, 
as recommended by Congress on April 18, 1783. Reports of committees 
showing the failure of the several 131-139, 140-142-146-150, 151 

STATES that were prominent in the proceedings which immediately led to 
the adoption of the Constitution of the U. S. Remarks in relation to the* • 153 

STATES. Resolution of Congress of the Confederation of May 22, 1782. ap- 
pointing a committee to represent the financial and commercial difficul- 
ties to the several 154 

STATES to form a Constitution of the U. S. Resolutions of the General As- 
sembly of New York, July 21, 1782, recommending a Convention of the- • 155 

STATES to remedy the difficulties. Resolution of the Confederation of Vir- 
ginia, of January 21, 1786, for a Convention of the 160 

STATES, at Annapolis, in 1786, recommending the appointment of deputies 
to form the Constitution. Proceedings of commissioners from several 
of the 161 

STATES, for the appointment of deputies to Convention to form the Constitu- 
tion of the U. S. Acts of the several — viz.: 167 

Of Virginia, passed October 16, 1786 167 

Of New Jersey, passed November 2-3, 1786 170 

Of Pennsylvania, passed December 30. 1786 172 

Of North Carolina, passed January 6, 1787 174 

Of Delaware, passed February 3,1787 177 

Of Georgia, passed February 10, 1737 179 

Of New York, passed February 28, 1787 ISl 

Of South Carolina, passed March 8, 1787 182 

47* 



516 



INDEX. 



Of Massachusetts, passed March 10, 1787- • 

Of Connecticut, passed May, 1787 

Of Maryland, passed May 26, 17S7 

Of New Hampshire, passed June 27, 1787 



18S 

•• 184 

185 

186 

STATES by which it was ratified. Resolution of Congress of September 28, 
1787, submitting the Constitution to Conventions of the 189 

STATES. Oaths to support the Constitution of the U. S. to be taken by the 
members of the Legislatures and by all Executive and Judicial officers 
of the several 22,288 

STATES, according to the sixth census. Appointment of Representatives 
among; the several — viz. 300 



N. Hamp, ■■ • 4 

Mass. 10 

B. Island 2 

Connecticut- •• • 4 

Vermont 4 

New York 84 

New Jersey • • • • 5 

Penn. 24 

Delaware 1 

Maryland 6 

Virginia 15 

North Carolina- 9 



South Carolina • • • • 7 Arkansas 1 

Georgia 8 Michigan 3 

Kentucky 10 [Florida 1 

Tennessee 11 Texas 2 

Ohio 21 Iowa 2 

Louisiana 4 Wisconsin 3 

Indiana • • ■ 10 California 2 

Mississippi 4 Whole num. • • 233 

Illinois 7 Oregon T. del. 1 

Alabama 7 Minesota T. del. •■ • 1 

Maine 7 New Mexico T. del. • 1 

Missouri 5 Utah T. del. 1 

STATES into districts for election of Representatives. Provision, by act of 

1842, for dividing the 301 

STATES of the Union. An act to establish a uniform time for holding elec- 
tions for electors of President and Vice President in all of the 302 

STATES may by law provide for filling vacancies in the College of Electors. 

Each of the 302 

STATES and Territories of the U. S. Chronological statement of the Charters 

and formation of the Governments of the several 405-449 

STATES. The time of ratification of the Articles of Confederation by the- • • 406 
STATES" into the Union. Remarks on the ratification of the Constitution by 
the original States, and the right and discretionary power of Congress to 

admit "New 408 

STATES in possession thereof. Proceedings which led to the cession of the 

North- Western and Western Territory to the U. S. by the ■ • • 414 

STATES to cede their western lands to the U. S Resolution of Congress of 

September 6, 1780, recommending to the 421 

STATES should be disposed of for the common benefit of the U. S., and form- 
ed into Republican States. Resolution of Congress of October 10, 1780, 

that the Lands ceded by the 422 

STATES by which the western lands were ceded to the U. S.. and dates of 

cession. Names of the 422 

STATES out of the North- Western Territory. Provision in the Ordinance 

of July 13, 1787, for forming 428 

STATISTICAL and other information in the public offices at the seat of Go- 
vernment. Description of the sources of- • — ••• 451 



INDEX. 517 

STATUE of George Washington by Houdon. Description of the 205-207 

SUPREME and other Courts of the U. S. empowered to grant writs of Habeas 
Corpus, and to discharge foreigners confined in the state prisons in cer- 
tain cases. The Judges of the 301 

SUPREME COURT of the U. S., from 17S9 to 1851. Names, States, com- 
mencement and termination of service of the Cliief and Associate Justices 
of the 389-392 

SUPREME COURT of the U. S., from 17S9 to 1851. Names, service, &c. of 
the Clerks, Reporters of decisions and Marshals of the 393 

SUPREME COURT of the U. S., from 1789 to 1851, Description of Books of 
Reports of decisions of the 466 



TABLES contained in this volume. Explanatory remarks on the several • • 309 

TABLES of electoral votes for President and Vice President of the U. S., 
from March 4, 17S9, to March 4, 1853 315-332 

TABLE of terms of office and length of service in the Senate, of the Vice 
Presidents and Presidents pro tempore ; and of the commencement, and 
termination, and number of days in each session of Congress, and special 
session of the Senate, from March 4, 1789, to March 3, 1851 336-345 

TABLE of the names, classes, length of service of, and States represented by 
all the Senators of the U. S., from March 4, 17S9, to March 3, 1851 346-384 

TABLE of the names, places of nativity or residence, time of appointment, 
and expiration of service of the Secretaries of the Senate of the U. S. 385 

TABLE of the names, time of service of, and States represented by, the Speak- 
er s of the House of Representatives of the U. S. 386, 387 

TABLE of the names, residence, when appointed, and time of service of, the 
Clerks of the House of Representatives of the U. S. 388 

TANEY, Chief Justice of the Supreme Court of the U. S. Letter of approba- 
tion from Roger B. xi 

TARIFF Laws, Revenue Laws, &c., description of books relating to 467 

TENNESSEE. Chronological statement of the formation of the Government 
of 413 

TERM of office of four years, of President and Vice President, to commence 
on March 4, &c. The 293 

TERRITORIES. An act for the authentication of acts, records, and judicial 
proceedings of States and 290-294 

TERRITORY to the U.S. Proceedings which led to the cession of the North- 
western and Western 414 

TERRITORY of the U. S. north-west of the river Ohio. An ordinance for 
the Government of the 423 

TEXAS was admitted into the Union. Joint resolution and act of Congress 
by which 439 

TOMPKINS, Vice President of the U. S. First election of Daniel D. 322 

TOMPKINS, Vice President of the U. S. Second election of Daniel D. 323 

TOMPKINS, Vice President, in Senate of the U. S. Attenaance of Daniel D. 340 



518 INDEX. 

TRADE and commerce for the U. S. Resolution of Virginia, in 1786, to pro- 
vide a general system of 160 

TREASURY, from 1789 to 1851. Names, States, service, &c., of the Secreta- 
ries of the • 396 

TREATIES of the U. S. Description of the books containing the Laws and 461 

TYLER, as Vice Pjresident of the U. S. Election of John . 329-331 

TYLER to office as acting President of the U. S., on the death of W. H. Har- 
rison, President. Proceedings introducing John 330, 331 

TYLER, as Vice President, m Senate of the U. S. Attendance of John • • • • 344 



UNION of the people for the government of the U. S. of America. The Con- 
stitution adopted for the purpose of forming a more perfect •• 1 

UNION supported by the Constitution. Brief remarks on the importance of 
the 129 

UNION hazarded by the inefficiency of the Government under the old Con- 
federation. The existence of the 149-155 

UNION. Declaration in resolution of February 15, 1786, that the Congress 
of the Confederation were denied the means of satisfying engagements for 
the common benefit of the 149 

UNION. Declaration by the convention at Annapolis, September 14, 17S6, 
that further provisions were necessary to make the Government adequate 
to the exigencies of the 1G4 

UNION. Declaration, by resolution of Congress, February 21, 17S7, that 
such alterations w^ere necessary in the articles of Confederation as to 
render the Federal Constitution adequate to the exigencies of the Govern- 
ment and preservation of the 166 

UNION is involved our prosperity, felicity, safety, and perhaps our national 
existence. Opinion of George Washington, that in the consolidation of 
our • ...188 

UNION. Remarks on the ratification of the Constitution by the original 
States, and on the right and discretionary power of Congress to admit 
"New States" into the 408 

UTAH Territory. Proceedings in Congress relative to the 448 

VACANCIES in representation of Congress — ^how filled - 3 

VACANCIES in seats of Senators in Congress — how filled 3 

VACANCIES in ofiiees of the U. S. that may happen during recess of the Sen- 
ate — how filled • • 16 

VACANCIES in the offices both of President and Vice President. An act decla- 
ring the officer who shall act as President in case of 291 

VACANCIES in the college of electors, &c. Each State may provide by law for 

filling 302 

VAN BUREN, as Vice President of the U. S. Election of Martin ~ 327 

VAN BUREN, as President of the U. S. Election of Martin 328 

VAN BUREN, Vice President, in Senate of the U. S. Attendance of Martin 342 

VAN BUREN, as Senator of the U. S. Terms of service of Martin 355 



INDEX. 



519 



VESSELS being fitted out or armed, in whole or in part, in th« U. S., against 
anv^ftJreign power with which the U. S. is at peace. An act to prevent- • 296 

VERMONT. Chronological statement of the formation of the Government of 412 

VICE PRESIDENT of the U. S. from 17S9 to 1853. (See Electoral Votes.) Elec- 
toral votes for 315-332 

VICE PRESIDENT of the U. S. by tbe Senate, he not having a majority of 
electoral votes. Richard M. Johnson elected — • 328 

VICE PRESIDENTS and Presidents pro tempore from March 4, 1789, to 
March 3, 1851. Attendance in the Senate of the • •— • • • — 336-345 

VICE PRESIDENT. Act relative to election of President and Vice Presi- 
dent, and declaring what officer shall act as President in case of vacan- 
cies in offices of President and • 291 

VICE PRESIDENT in case of vacancies in those offices. Provi^on for the 
election of a President and • ^. ...^-. 203 

VICE PRESIDENT to be delivered into the office of Secretary of State. A 
resignation or refusal to accept the office of- 293 

VICE PRESIDENT to commence on March 4, &c. Term of office of the- • • 293 

VICE PRESIDENT of the U. S. An aet providing compensation to the Presi- 
dent and 293 

VICE PRESIDENT in all the States. An act to establish a uniform lime for 
elections of electors of President and 302 

VICE PRESIDENT, to qualify him as President of the U. S. Oath of John 
Tyler 331 

VIRGINIA, in 17S6, appointing Commissioners to meet those of other States at 
Annapolis, to consider a general and uniform system of trade, &c., and 
commerce. Resolution of the commonwealth of — • 160 

VIRGINIA, in 17S6, for appointing deputies to Convention to revise Federal 
Constitution. Act of the Commonwealth of 167 

VIRGINIA. Chronological statement of the charters and constitutions of ••• 408 

VIRGINIA, in relation to the North- Western Territory. Recommendation by 
Congress to 418 

VIRGINIA, on March 1, 1784. North-VVestern Territory ceded to the U. S. by 422 

VOTES for President and Vice President of the U. S. Provision of the Con- 
stitution relative to electoral 29 

VOTES for President and Vice President of the U. S. from 1789 to 1853. 
Electoral 315-334 

VOTES for President and Vice President of the U. S. Enactments of law 
regarding the electoral • 291 

VOTES. Compensation to, and penalties of, persons to deliver the electoral 292 

VOTES. Compensation to the persons to deliver the electoral 300 



WAR, from 17S9 to 1847. Names, States, services, &c., of the Secretaries of 398 
WASHINGTON to be General and commander-in-chief of the army of the 
United Colonies, June 17, 1775. Appointment by Congress of the Confede- 
ration of George 201 



520 INDEX. 

WASHINGTON to Congress, accepting the appointment. Address of 
George 201 

WASHINGTON as General and commander in-chief. Commission to 
George 202 

WASHINGTON, with their lives and fortunes, for the maintenance and pre- 
servation of American liberty. Resolution of Congress of June 17, 1775, ■"' 
that they will maintain, assist, and adhere to George 203 

WASHINGTON, August 26, 1783, on the termination of the war. Address of 
the President of Congress to George 203 

WASHINGTON to the same. Reply ofGeorge 204 

WASHINGTON, commander-in-chief. Resolution of Congress of December 
20, 1783, that a public audience be given to George 205 

WASHINGTON, commander-in-chief Resolution of Congress of December 
20, 1783, that a public entertainment be given to George 205 

WASHINGTON of his commission as commander-in-chief of the American 
array, December 23, 1783. Resignation by George 208 

WASHINGTON, in answer to the same. Address of Thomas Mifflin, Presi- 
dent of Congress, to George 209 

WASHINGTON by Houdon. Remarks and correspondence relating to, and 
John Marshall's opinion of the accuracy of, the statuary likeness of 
George - 205-207 

WASHINGTON appointed a deputy from Virginia to the Convention which 
formed the Constitution. George 169 

WASHINGTON, President of the Convention, in 1787, transmitting the Con- 
stitution to the Congress of the Confederation. Letter from- George 188 

WASHINGTON, President of the U. S. First election ofGeorge •- 315 

WASHINGTON, as President of the U. S., dated April 6, 1789. Certificate 
of the election of George ■ 210 

WASHINGTON, as President of the U. S., by the Chancellor of the State of 
New York, April 30, 1789. The oath of office administered to George • • ■ 211 

WASHINGTON, as President of the U. S. April 30, 1789. Inaugural address 
of George 211 

WASHINGTON, President of the U. S. ■ Second election of George 316 

WASHINGTON, President of the U. S., September 17, 1796. Farewell ad- 
dress of George 215 

WASHINGTON, as Lieutenant-general and commander-in-chief of the ar- 
mies of the U. S., July 3, 1798. Appointment of George 231-239 

WASHINGTON. Proceedings of the Government and funeral oration of 
Henry Lee on the death ofGeorge 240-247 

WASHINGTC>N. Origin of the words " First in war, first in peace, and first 
in the hearts of his countrymen," as applicable to George 242 

WASHINGTON. Addresses of the Senate and House of Representatives, 
respectively, to the President of the U. S., and his replies thereto, on the 
death of George 244, 264 

WASHINGTON in the Capitol at the city of Washington, and that his body 
be deposited under it. Resolution of Congress directing that a marble 
monument be erected by the U. S. to General 245 



INDEX. 521 

WASHINGTON, consenting that the body of her deceased husband. George 
Washington, be interred under a monument in the city of Washington. 
Letter from Martha 261 

WASHINGTON. Act of Congress extending the privilege of franking let- 
ters and packages to Martha 262 

V/AYNE, an Associate Justice of the Supreme Court of the U. S. Letter of 
approbation from James M. xii 

WEBSTER, Secretary of State of the United States, Letter of approbation from 

Daniel xxii 

WISCOXSIN. Chronological statement of the formation of the govern- 
ment of- 441 

WRIGHT, late Governor of New York, Senator of the U. S., &c. Letter of 
approbation from Silas xv 



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